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Full text of "North Carolina Register v.11 no. 22 (2/14/1997)"

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NORTH CAROLINA 

REGISTER 



VOLUME 11 • ISSUE 22 • Pages 1703 - 1777 
February 14, 1997 



1GEIV£i 



r. 



B /^ 1997 



LAW UE?vAS:¥ ; • 



IN THIS ISSUE 

Agriculture 

Community Colleges 

Environment, Health, and Natural Resources 

Human Resources 

Justice 

Labor 

Real Estate Commission 

Revenue 

Transportation 

List of Rules Codified 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 



IN THIS ISSUE 




I. IN ADDITION 
Labor 

Permanent Variance Filing 



1703 



n. RULE-MAKING PROCEEDINGS 

Environment, Health, and Natural Resources 

Coastal Management 

Human Resources 
Facility Services 



1704 - 1705 
1704 



in. 



Volume 11, Issue 22 
Pages 1703 - 1777 



February 14, 1997 



This issue contains documents officially 
filed through January 24, 1997. 



IV. 



PROPOSED RULES 
Agriculture 

Markets 1706 - 1709 

Veterinary Division 1709- 1710 

Justice 
SBI Criminal Information 1710- 1712 



TEMPORARY RULES 
Human Resources 

Facility Services . . . 



1713- 1716 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PC Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



APPROVED RULES 1717 - 1741 

Agriculture 

Community Colleges 

Environment, Health, and Natural Resources 

Licensing Boards 

Real Estate Commission 
Revenue 
Transportation 



VI. LIST OF RULES CODIFIED 1742 - 1743 

Vn. RULES REVIEW COMMISSION 1744 1746 

VIII. CONTESTED CASE DECISIONS 

Index to AU Decisions 1747 - 1760 

Text of Selected Decisions 

96 DHR 0513 1761 - 1776 

IX. CUMULATIVE INDEX 1-45 



Digitized by tine Internet Arciiive 

in 2011 with funding from 

University of Nortii Carolina at Chapel Hill 



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IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



North Carolina Department of Labor 

Division of Occupational Safety and Health 

319 Chapanoke Road 

Raleigh, NC 27603 

(919)662-4575 



NOTICE OF PERMANENT VARIANCE FILING 



The Commissioner of Labor hereby gives notice that he is considering, in accordance with GS 95- 132(b), an application for 
a permanent variance from Broyhill Fumimre Industries, Inc. The Variance, if granted, would allow Broyhill to use Type 
D Ford A-62 and Caterpillar IT28F front-end wheel-loaders, under the conditions specified in Broyhill's September 3, 1996 
application, in their woodwaste boiler fuel recycling facilities in Lenoir, Conover, Newton, and Rutherfordton. Unless the 
Variance is granted, the usage of this equipment in these environments would be prohibited by 29 CFR 1910.178(c)(2)(vii), 
which has been adopted by reference by the North Carolina Division of Occupational Safety and Health. 

Interested persons are invited to submit comments regarding the consideration of the granting of this variance. Affected 
employees and employers may request a public hearing. 

For additional information regarding this Variance application, to submit comments, or to request that a public hearing be 
held, please contact: 

Peggy D. Morris 

Division of Occupational Safety and Health 

319 Chapanoke Road 

Raleigh, NC 27603 

(919) 662-4581 

All comments and requests must be submitted on or before March 17, 1997. 



11:22 NORTH CAROLINA REGISTER February 14, 1997 1703 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a siaiement of subject matter of the agency 's proposed rule making. The agency 
nuist publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of 
a rule. Publication of a temporary nde series as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serx'es as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: 
OS. 150B-21.2. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 3 - FACILITY SERVICES 

A Jotice of Rule-making Proceedings is hereby given by 
1 V the DHR/Division of Facility Services in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish 
in the Register the te.xt of the nde(s) it proposes to adopt as 
a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

]0 NCAC 3R .6001 - Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 90-21.27; 90-21.35; 
131E-192.il 

Statement of the Subject Matter: To amend existing 
certificate of public advantage rules to incorporate 
provisions that will permit and encourage cooperative 
agreements bet^veen physicians or between physicians and 
others when the arrangement will help control costs, 
improve access and quality of health care. Issuance of the 
certificate of public advantage is intended to immunize 
physicians from challenge or scrutiny under state antitrust 
laws. 

Reason for Proposed Action: To amend certificate of 
public advantage ndes to include physicians who wish to 
participate voluntarily in the program. The agency may 
adopt temporary ndes to add this provision. 

Comment Procedures: Written Comments should be 
submitted to Jackie Sheppard, P.O. Box 29530, Raleigh, 
N.C. 27626-0530 no later than April 15. 1997. 

PROPOSED AMENDMENT 

SUBCRAPTER 3R - CERTIHCATE OF 
NEED REGULATIONS 

SECTION .6000 - CERTIFICATE OF 
PL^LIC ADVANTAGE PROGRAM 

.6001 CERTinCATE OF PL^BLIC ADVANTAGE 

Th e Division of Facility S e n'ic e s — is r e sponsibl e for 
carp . 'ing out the responsibilities — of the Department — ift 
administennci G.S. 13 IE Article 9A entitled the Cenificate 



of Public Advantage. The rules in this Section apply to the 
Certificate of Public Advantage Program under either G.S. 
13 IE Article 9A known as the Hospital Cooperation Act or 
G.S. 90 Anicle IE known as the Physicians Cooperation 
Act. Applications for a Certificate of Public Advantage 
must be submitted to the Department of Human Resource's 
Division of Facility Services. 



TITLE 15A - ENVIRONMENT, HEALTH, AND 
NATURAL RESOURCES 

CHAPTER 7 - COASTAL MANAGEMENT 

\ Jotice of Rule-making Proceedings is hereby given by 
1 1 the EHNR - Coastal Resources Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 7H .0201 - .0208 

Authority for the rule-making: G.S. 1 13A-102(b)(l); 
113A-102(b)(4); 113A-107(a); 113A-107(b); 1 13A-1 13(b)(1); 
113A-113(b)(2); 113A-1 13(b)(5); 113A-113(b)(6)b; 113A-124 



Statement of the Subject Matter: 

of Environmental Concern (AEC) 



Estuarine Sxstem Area 



Reason for Proposed Action: The N.C. Ocean Resources 
Task Force reconmiended that the Estuarine System Area of 
Environmental Concern (AEC) be amended to "Estuarine 
and Ocean " system to clarify that the waters of the Atlantic 
Ocean within the state's jurisdictional boimdarv are located 
within this AEC category. The current title of the AEC 
category is confiising since many people do not realize that 
ocean waters are included in nvo estuarine system 
subcategories: estuarine waters and public trust areas. This 
change will not affect how the rules are currenth applied. 
15A NCAC 7H .0200 will be changed from "The Estuarine 
System " to "The Estuarine and Ocean System. " This change 
will be made consistent throughout Subchapter 7H .0200. 

Comment Procedures: Comments, statements, data and 
other information may be submitted in writing within 60 days 
after the dale of publication of this issue of the NC Register. 
Copies of the proposed ndes and information package may 



1704 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



RULE-MAKING PROCEEDINGS 



be obtained by contacting Kim Crawford, Ocean Resources 
Specialist, Division of Coastal Management, PO Box 27687, 
Raleigh, NC 27611-7687; (919) 733-2293. Written 
comments may be submitted to Ms. Crawford at the above- 
rmmed address. 



1^-22 NORTH CAROLINA REGISTER February 14, 1997 



1705 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published 
a Notice of Rule -making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from 
the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required 
comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). 
Statutory reference: G.S. I50B-21.2. 



TITLE 2 - DEPARTMENT OF AGRICULTURE 

Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Agriculture - State Marketing Authority 
interuds to amend rules cited as 2 NCAC 43F .0003; 43H .0001; 43L .0202. .0401 - .0403. .0405: and adopt rule cited 
as 2 NCAC 43H .0007. Notice of Rule-making Proceedings was published in the Register on October 15. 1996. 

Proposed Effective Date: Julx 1. 1998 

Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): Any person 
ma\- request a public hearing on the proposed rules by submitting a request in writing no later than March 17. 1997. to David 
S. McLeod. Secretary of the North Carolina Board of Agriculture. PO Box 27647, Raleigh. NC 27611. 

Reason for Proposed Action: 

2 NCAC 43F .0003 - To make the ndes consistent with the requirements of the Federal Fair Packaging and Labeling Act. 

2 NCAC 43 H .0001, .0007 - Current rules do not permit the sale of fertile eggs or the labeling of eggs as organically 

produced or free- range. 

2 NCAC 43L .0202 - To provide additional revenues to offset operating expenses. 

2 NCAC 43L .0401 - .0403, .0405 - To provide additional revenues to offset operating costs. 

Comment Procedures: Comments may be submitted in writing no later than March 17, 1997. to David S. McLeod, 
Secretary of the North Carolina Board of Agriculture. PO Box 27647. Raleigh. NC 27611. 

Fiscal Note: These Rules do not affect the expenditures or revenues of state or local government funds. These Rules do not 
have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period. 

CHAPTER 43 - MARKETS 

SUBCHAPTER 43F - MARKETING AND BRANDING: APPLES AND PEACHES 

.0003 STANDARDS FOR RECEPTACLES: LABELING: ETC. 

All closed containers in which apples or peaches are packed for sale, exposed for sale, or offered for sale, shall clearly 
and conspicuously be marked immediately after the containers are closed in accordance with the following regulations: 

(1) The name and address (including zip code) of grower, packer, shipper, or distributor must be shown on the 
principal display panel. 

(2) The name of the product must be shown on the principal display panel. 

(3) The variety of apples must be shown; however, it may be shown on the principal display panel or on the bag 
closure. The words "Variety Unknown" may be used in lieu of the variety on containers in which apples are 
packed that are normally marketed during the summer months and meet the grade U.S. No. 1, Early. 

(4) The variety of peaches must be shown on the principal display panel. The words "Clingstone Peaches," 
"Semi-clingstone Peaches," or "Freestone Peaches," as applicable, may be used in lieu of variety. 

(5) The net w e ight quantity of contents (weight, measure or count) must be shown on the low e r 30 percent of th e 
principal display panel and must be shown in pounds and ounces, as: 18 oz. (3 lbs.), on all containers of less than 
four pounds or more than one potind. — Volume measure may be shown on larger containers in lieu of net weight. 
in a uniform location, as required by the Federal Fair Packaging and Labeling Act. 

(6) The minimum size must be shown on the principal display panel; however, when fairly uniform size apples or 
peaches are packed in a container and sold by count, count may be used in lieu of net weight and minimum size 
markings. However, overwrap packages that contain six or less apples or peaches that are fully visible to the 
purchaser need not include a statement of count. 

(7) Apple containers must show the applicable U.S. Grade on the principal display panel or be marked "Unclassified," 
"Not Graded," or "Grade Not Determined." State grades shall not be shown without corresponding U.S. Grades. 
Peach containers are not required to show grade markings; however, when grade is shown, the product must meet 

1706 NORTH CAROLINA REGISTER February 14, 1997 11:22 



PROPOSED RULES 



that standard. 
Authority G.S. 106-185; 106-188; 106-195. 

SUBCHAPTER 43H - MARKETDVG OF SHELL EGGS 

.0001 DEFINITIONS 

Words used in this Section in the singular form shall be deemed to impart the plural, and vice versa as the case may 
demand: 

(1) "Inedible Eggs" means black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green 
whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks 
(at or beyond the blood ring stage) and any eggs that are adulterated as such term is defined pursuant to the Federal 
Food, Drug and Cosmetic Act. 

(2) "Leaker" means eggs that have a crack or break in the shell and shell membranes to the extent that the egg contents 
are exuding or free to exude through the shell. 

(3) "Loss Eggs" means eggs that are inedible, cooked, frozen, contaminated or containing bloody whites, blood spots, 
meat spots, or other foreign material. 

(4) "Ungraded Eggs" means eggs as collected from the production unit and placed into retail channels without being 
graded or segregated for quality, soundness of shell, or size; except that checks, dirties, or other obvious defects 
may be removed at time of collection. 

(5) "Baluts" means eggs that are fertile and incubated beyond the blood ring stage. 

(6) "Fertile" means an egg capable of developing into an embryo. 

(7) "Organic" means eggs produced in accordance with applicable Federal or State standards for organic product. 

(8) "Free Range" (or labeling of similar import) means eggs produced from laying chickens that are "cage free" or 
have access to a suitable outdoors environment. 

Authority G.S. 106-245.16; 106-245.21. 

.0007 SPECIAL REQUIREMEMTS 

(a) Baluts are exempt from the standards for shell eggs as set forth in 2 NCAC 43H .0003 and .0005. After incubation, 
eggs suited for use as baluts shall be legibly and conspicuously labeled with the word "embryo" or "balut" preceded by the 
name of the kind of poultry, or labeled as "Incubated Fertile Eggs," or words of similar import. Labeling must include the 
complete name and address of the hatchery with letters no less than three-eighths of one inch high. 

(b) In addition to all other applicable labeling requirements, eggs marketed and labeled as organically produced must be 
certified by an accredited organization and identified on primary container. 

(c) In addition to all other marketing requirements, eggs labeled and marketed as free range eggs must be identified and 
otherwise handled to maintain their identity through processing and packaging. Satisfactory evidence that the eggs are from 
production locations with cage-free birds or that have reasonable access to an outdoors range must be furnished by any person 
marketing these eggs to a retailer, institutional consumer or other person and shall be kept on file by both the person selling 
and the purchaser at their respective places of business for a period of at least 30 davs. 

(d) Eggs of a specific nature such as "Fertile" or "Brown" and eggs produced in accordance with applicable Federal or 
State standards may be labeled as such providing these eggs meet all other applicable requirements. 

Authority G.S. 106-245.16; 106-245.21. 

SUBCHAPTER 43L - MARKETS 

SECTION .0200 - FEES: CHARLOTTE FARMERS MARKET 



.0202 GATE FEES 

The following gate fees shall be paid upon entering the market: 



Day Week 



(1) Retail Shed A 

(a) North Carolina residents: 

(i) March through December $ 6.00 $ 7^ $ 30.00 

(ii) January through February 5.00 

iMi) — Non farmer sellers — March through December 



11:22 NORTH CAROLINA REGISTER February 14, 1997 1707 



PROPOSED RULES 



7.00 




30.00 


35.00 


7.00 




25.00 




10.00 








10.00 








6.00 








^nm 


10.00 






4.00 








6.00 


7.00 


30.00 





Saturdays 7-rO0 

(b) Out of state sellers 10.00 

(2) Retail Building B 

(a) North Carolina residents: 

(i) March through September 
(ii) Nonh Carolina farmers 
fH^ (iii) October through February 
(itt) ijyj Non-farmer sellers - March through December 
- Saturdays 

(b) Out of state sellers 

(3) Retail Building C 

(4) Eighteen Wheelers 

(5) Deliveries 
(North Carolina farmers are exempt from this fee) 

(6) Greenery Shed (Trucker's Shed) 

Authority G.S. 106-22: 106-530. 

SECTION .0400 - FEES: WESTERN NORTH CAROLINA FARMERS MARKET 

.0401 RETAIL BUILDINGS 

(a) Rental charges for space in the "Retail Buildings" at the Western North Carolina Fanners Market shall be at the rate 
of five seven dollars ($5.00) ($7.00) per day or thiny fiv e forty -two dollars ($35.00) ($42.00) per week per assigned space 
of 10 feet by 20 feet from June through October and twe four dollars ($2.(X)) ($4.00) per day or fourt ee n twenty-four dollars 
(SM.OO) ($24.00) per week during the months of November through May. 

(bj Beginnmg June J_, 1999. rental charges for space in the "Retail Buildings" at the Western North Carolina Farmers 
Market shall be at the rate of eight dollars ($8.00) per day or forty-eight dollars ($48.00) per week per assigned space of 
\0 feet by 20 feet from June through October and six dollars ($6.00) per day or thirty-six dollars ($36.00) per week during 
the months of November through May. 

Authority G.S. 106-530. 

.0402 GATE FEES 

Gate fees for farmers or truckers who do not otherwise rent stall spaces at the Western North Carolina Farmers Market 
shall be as follows: 



Vehicles, 5 cartons or less 
Pickups/4 wheelers 
Ton trucks/6 wheelers: 

50 cartons or less 

More than 50 cartons 
10 Wh ee l e r: 

50 cartons or l e ss 

51 to 100 cartons 
More than 100 cartons 

18 Wh e eler: 10 wheelers and tractor trailers: 



Resident 


Non-Resident 


Sellers 


Sellers 




$ 1.00 


$-4.00 


$3.00 


5.00 


6.00 


8.00 


5.00 


6.00 


8.00 


7.00 


S.00 


10.00 


§tOO 


6.00 




7-.00 


g.00 




^.00 


^.m 




6.00 


8.00 6.00 


11.00 


g.00 


^.00 




9.00 


^1.00 


12.00 


10.00 


40.00 


13.00 



§0 100 cartons or less 
51 to 100 cartons 
101 cartons to half load 
More than half load 

Trucks which deliver such items as soft drinks, candy, snack bar supplies and freight are exempt from the gate fees stated 
in this Rule. 

Authority G.S. 106-530. 



1708 NORTH CAROLINA REGISTER February 14, 1997 11:22 



PROPOSED RULES 



.0403 FARMERS AND TRUCKERS SHEDS 

Rental Daily rental charges for space under the "Farmers and Truckers Sheds" at the Western North Carolina Farmers 
Market for each 12 foot wide stall shall be si* seven dollars ($6.00) ($7.00) per dayr day all year; ferty forty-five dollars 
($10.00) ($45.00) per week, or one hundred thirty fiv e fifty dollars ($135.00) ($150.00) per month from June through 
October; five dollars ($5.00) per day. thirt)' thirty-five dollars ($30.00) ($35.00) per week, or e ighty fiv e one hundred dollars 
($85 .(X)) ($100.00) per month for April, May, November and December; and fiv e dollars ($5.00) p e r day, twenty dollars 
($20.00) per week, or sixty dollars ($60.00) per month for January, F e bruary, February and March. El e ctricity us e d shall 
bo paid for in addition to these regular fees. A holding fee of tw e nty twenty-five dollars ($20.00) ($25.00) per stall per 
month shall be charged during Decemb e r, January, February and March for each space to be rented on April 1 . Electricity 
used shall be paid for in addition to these regular fees. 

Authority G.S. 106-530. 

.0405 YEARLY DELIVERY PERMIT 

Truckers, farmers, or wholesalers making regular deliveries to the Western North Carolina Fanners Market may obtain 
a yearly delivery permit fef as follows: all vehicles through 6 wheelers, three himdred dollars ($300.00). ($300.00) per year; 
all vehicles over 6 wheelers, four himdred dollars ($400.00) per year. These permits shall expire December 3 1 of the year 
purchased. 



Authority G.S. 106-22; 106-530. 



****************** 



SUBCHAPTER 52B - ANIMAL DISEASE 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Board of 
Agriculture intends to adopt rule cited as 2 NCAC 52C 
.0701 and amend rule cited as 2 NCAC 528 .0212. .0303. 
Notice of Rule-making Proceedings was published in the 
Register on October 15, 1996. 

Proposed Effective Date: July 1, 1998 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): Any 
person may request a public hearing on the proposed rules 
by submitting a request in writing no later than March 1 7, 
1997, to David S. McLeod, Secretary of the North Carolina 
Board of Agriculture, P.O. Box 27647, Raleigh, NC 27611. 

Reason for Proposed Action: 2 NCAC 52B .0200; 52C 
.0700 - To clarify requirements for importation of wild 
animals generally and to adopt new requirements to prevent 
the spread of disease from cenidae. 2 NCAC 528 .0300 - 
To make North Carolina rules consistent with federal rules 
and to make other technical changes. 

Comment Procedures: Comments may be submitted in 
writing no later than March 17. 1997. to David S. McLeod, 
Secretary of the North Carolina Board of Agriculture, P.O. 
Box 27647, Raleigh. NC 27611. 

Fiscal Note: These Rules do not affect the e.xpenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 52 - VETERINARY DIVISION 



SECTION .0200 - ADMISSION OF LIVESTOCK TO 
NORTH CAROLINA 

.0212 IMPORTATION REQUIREMENTS: 
WILD ANIMALS 

(a) A person shall obtain a permit from the State 
Veterinarian before importing any of the following animals 
into this State: 

(1) Skunk; 

(2) Fox; 

(3) Raccoon; 

(4) Ringtail; 

(5) Bobcat; Bobcat (includes Lynx and other North 
and South American felines as cougars, jaguars, 
etc.): 

(6) Coyote; 

(7) Marten; 

(8) Brushtail Possum (Trichosurus vulpecula). 

(b) Permits for the importation into this State of any of 
the animals listed in (a) of this Rule shall be issued only if 
the animal(s) will be used in a research institut e institute, or 
for public display exhibition by a USDA licensed exhibitor, 
or organized entertainment as in zoos or circuses. 

(c) Llamas. Camelids, all cervidae, bison, and aH- other 
bovidae other than domestic cattle may be imported into the 
State if accompanied by an official health certificate issued 
by an accredited veterinarian which states that: 

(1) all animals six months of age or older have tested 
negative for brucellosis within 30 days prior to 
importation; and 

(2) all animals six months of age or older have tested 
negative for tuberculosis within 60 days prior to 
importation pursuant to th e guid e lin e s of th e 
United — States — Departm e nt — ©f — Agriculture 



n:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1709 



PROPOSED RULES 



(d) 



Veterinap , ' Ser . 'ices Notice dated December 31, 
1990. which states "the cen'ical test for cenada e 
is th e intrad e rmic inj e ction of 0.1 ml. of U. S. 
Depanment of Agnculture (USDA) contract PPD 
Bovis tuberculin in the midcer^'ical region with 
reading by obsen'ation and palpation at 72 hours, 
plus or minus 6 hours": importation; and 
all cervidae meet the requirements of the Uniform 
Methods and Rules: Tuberculosis in Cervidae; 
and 

(4) the herd of origin has had no brucellosis or 
mberculosis diagnosed within the past 12 months. 
Other — wfld — aad — semi wild — animals. — under 



SECTION .0700 - MISCELLANEOUS 
REQUIREMENTS 

.0701 INTRASTATE REQUIREMENTS: WILD 
ANIMALS 

(a) Cervidae which originate from herds only containing 
cervidae may be sold within North Carolina, if they test 
negative for tuberculosis within 60 days of change of 
ownership. 

(b) Cervidae which are commingled with domestic 
livestock may be sold within North Carolina provided that 
domestic cattle are tested annually, and all cervidae and 
bovidae other than domestic cattle and bison are tested 
negative for tuberculosis within 60 days prior to moving 
intrastate. 

(c) Records of sales of any animal from herds containing 
cervidae must be maintained for at least five years. 



domestication or in custody may be imponed into this State, 

provid e d that a r e port of th e numb e r of animals by sp e ci e s 

is made to the Stat e V e t e nnarian within 96 hours aft e r e ntry 

into the State and that an immediate opportunity for 

examination to determine the health status of such animals 

is — afford e d — the — State — V e t e rinarian — or his — authoriz e d Authority G.S. 106-317: 106-400. 

representativ e . Any species or hybrid of a mammal not 

otherwise covered in the Administrative Code that is found ^^^^^^^^^^~~^^^^^^^~ 

to exist in the wild or naturally occurs in the wild must be 

accompanied by a valid certificate of veterinary inspection. 



Authority G.S. 106-317: 106-400. 
SECTION .0300 - BRUCELLOSIS REGULATIONS 

.0303 CALFHOOD VACCINATION 

Official Brucellosis Strain 19 calfhood vaccination of 
heifers between the ages of four and eight months by 
accredited veterinarians, employees of the veterinary 
division of the North Carolina Department of Agriculture, 
or employees of the Animal and Plant Health Inspection 
Service. Veterinary Services, United States Department of 
Agriculture, is permitted. The vaccine used must be 
licensed by the Biologies Division of the U.S. Department 
of Agriculture and contain not less than three billion or 
mor e than t e n billion liv e Strain — 19 Bruc e lla abortus 
organisms p e r dos e , be authorized for use in North Carolina 
by the State Veterinarian. Each vaccinated heifer shall be 
identified by the official vaccination tattoo and an approved 
ear tag in the right ear: Provided that the State Veterinarian 
may waive the ear tag requirement if other acceptable means 
of identifying individual heifers are used. The original and 
one copy of the brucellosis calfhood vaccination record shall 
be submitted by the person doing the vaccinating to the State 
Veterinarian within 10 days following vaccination. 
Officially brucellosis vaccinated cattle of the dairy breeds 20 
months of age and over, and those of the beef breeds 24 
months of age and over, classified as reactors to an official 
test for brucellosis shall be branded and tagged as 
brucellosis reactors. Parturient and post parturient animals 
reacting to the official brucellosis test shall be branded and 
tagged as reactors regardless of age. 

Authority G.S. 106-389: 106-396. 



TITLE 12 - DEPARTMENT OF JUSTICE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Department of Justice, State 
Bureau of Investigation/Division of Criminal Information 
intends to adopt ndes cited as 12 NCAC 04E .0404 - .0405 
and amend ndes cited as 12 NCAC 04E .0104, .0401. 
Notice of Rule-making Proceedings was published in the 
Register on December 2, 1996. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 9:00 a.m. on March 
3, 1997 at the Division of Criminal Information, 407 North 
Blount Street, Raleigh, North Carolina 27601. 

Reason for Proposed Action: 12 NCAC 04E .0104 - The 
DCl Advisory Policy Board believes that the addition of the 
above mandates would better serve the DC! Advisory Policy 
Board in making informed decisions regarding DCl 
standards for certification of DCl Terminal Operators. 12 
NCAC 04E .0401 - The DCl Advisory Policy Board believes 
that the addition of the above mandate would better serve 
the DCl Advisory Policy Board in making informed decisions 
regarding minimum standards to become a DCl Terminal 
Operator. 12 NCAC 04E .0404 - The DCl Advisory Policy 
Board believes that the addition of the above mandate would 
better sen'e the DC! Advisory Policy Board in making 
informed decisions regarding DCl standards for certification 
of DCl Terminal Operators. 12 NCAC 04E .0405 - The 
DCl Advisory Policy Board believes that the addition of the 
above mandate would better ser\'e the DCl Advisory Policy 
Board in making informed decisions regarding minimum 
standards to become a DCl Terminal Operator. 

Comment Procedures: All comments should be directed to 



1710 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



PROPOSED RULES 



Administrative Officer Judy Breeden, Division of Criminal 
Information, 407 N. Blount Street, Raleigh, NC 27601 
within 30 days of this publication. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local govemmem funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 4 - DIVISION OF CRIMINAL 
INFORMATION 

SUBCHAPTER 4E - ORGANIZATIONAL RULES 
AND FUNCTIONS 

SECTION .0100 - GENERAL PROVISIONS 

.0104 DEFINITIONS 

The following definitions shall apply throughout Chapter 
4 of this Title: 

(1) "Administration of Criminal Justice" means the 
performance of any of the following activities: 
detection, apprehension, detention, pretrial 
release, post-trial release, prosecution, 
adjudication, and correctional supervision or 
rehabilitation of accused criminal offenders. The 
administration of criminal justice shall include 
criminal identification activities and the collection, 
storage, and dissemination of criminal history 
record information. 

(2) "Administrative Message" means messages that 
may be used by DCI terminal operators to 
exchange official information of an administrative 
nature between in-state law enforcement/criminal 
justice agencies and out-of-state agencies by 
means of NLETS. 

(3) "Authorized Requestor" means any person who is 
authorized and/or approved to receive state and/or 
national criminal history data by virture of being: 

(a) a member of an approved law 
enforcement/criminal justice agency; or 

(b) any DCI or NCIC authorized non-criminal 
justice agency pursuant to local ordinance 
or a state or federal law. 

"Automated Fingerprint Identification System" 
(APIS) means a computer based system for 
reading, encoding, matching, storage and retrieval 
of fingerprint minutiae and images. 
"CCH" means computerized criminal history. 
"Convicted" or "conviction" means for purposes 
of DCI operator certification, the entry of: 

(a) a plea of guilty; 

(b) a verdict or finding of guilt by a jury, 
judge, magistrate, or other duly constituted, 
established, and recognized adjudicating 
body, tribunal, or official, either civilian or 
military; or 



(4) 



(5) 
(6) 



(c) a plea of no contest, nolo contendere, or 
the equivalent. 

Authority G.S. 114-10; 114-10.1. 

SECTION .0400 - OPERATION OF DCI TERMINAL 

.0401 DCI TERMINAL OPERATOR 

(a) A DCI Terminal operator is a person who has been 
certified through the DCI certification process as stated in 
Rule .0402 of this Section. 

(b) An individual is eligible to attend certification class 
and become a DCI terminal operator only if employed by 
and under the management control of an agency as 
described in Rule .0201 of this Subchapt e r. Subchapter and 
only after the individual has had a fingerprint criminal 
records search completed or a computerized criminal history 
records search conducted, and filed with the employing 
agency indicating that the individual is not convicted of a 
prohibiting criminal offense. 

(c) The employing agency shall cause a background 
investigation to be conducted on all employees assigned as 
DCI operators. Such investigation shall include a state and 
national fingerprint search for a criminal record. Any 
individual who has been convicted of a felony or in the 
judgment of the agency head or the SBI Assistant Director 
for DCI, has been convicted of a misdemeanor involving 
fraud, misrepresentation, or deceit shall not be eligible to 
become certified as a DCI terminal operator or is subject to 
revocation of operator certification by DCI. DCI, ^ in 
accordance with the periods of suspension set out in 12 
NCAC 4E .0404. 

(d) Persons with an original certification dat e prior to 
January — 1-^ — 1992, — ate — ex e mpt — from — the — background 
inv e stigation and fing e rprint s e arch. An employee assigned 
as a DCI operator and who currently holds valid 
certification as a sworn law enforcement officer with the 
powers of arrest through either the North Carolina Criminal 
Justice Education and Training Standards Commission or the 
North Carolina Sheriffs Education and Training Standards 
Commission shall not be subject to the criminal history 
record and background search provisions ofVl NCAC 4E 
.0401(b) and (c). 

Authority G.S. 114-10; 114-10.1. 

.0404 PERIOD OF SUSPENSION 

A conviction of a felony will render an applicant or 
certified DCI operator permanently ineligible to hold such 
certification. A conviction of a misdemeanor involving 
fraud, misrepresentation, or deceit shall render an applicant 
ineligible to become certified as a DCI terminal operator 
when such conviction is within 10 years of the operator's 
date of request for DCI certification. Operators convicted 
of such a misdemeanor while holding certification shall be 
ineligible to maintain such certification for a period of 10 
years following such conviction. An applicant or certified 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1711 



PROPOSED RULES 



PCI terminal operator is permanently ineligible to hold such 
certification upon their conviction of three or more 
misdemeanors involving fraud , misrepresentation, or deceit 
regardless of the date of conviction. 

Authontx G.S. 114-10: 114-10.1. 

.0405 MINIMUM STANDARDS FOR DCI 
TERMINAL OPERATORS 

(a) Prior to receiving certification as a DCI operator, and 
as a condition for maintaining certification as a DCI 
operator, such applicant or operator shall be a citizen of the 
United States. 

(b) The applicant or certified operator shall be at least 18 
years of age. 

(cj Consistent with Rule .0401 and .0404 of this Section, 
no applicant for certification as a DCI operator will be 
eligible for certification while the applicant is subject to 
pending or outstanding criminal charges which, if 
adjudicated, would disqualify the applicant. 

Authority G.S. 114-10; 114-10.1. 



1712 NORTH CAROLINA REGISTER February 14, 1997 11:22 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant 
to G.S. 150B-2].l(e), publication of a temporary nde in the North Carolina Register serves as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

Rule-making Agency: DHR - Division of Facility Services 

Rule Citation: 10 NCAC 3R .3053 

Effective Date: January 15, 1997 

Findings Reviewed and approved by: Beecher R. Gray 

Authority for tiie rule-maldng: G.S. 131E-176(25): 131E-177(1); 1 31 E-1 83(b) 

Reason for Proposed Action: To adopt as a permanent rule the temporary version of the nde 10 NCAC 3R .3053 governing 
certificate of need (CON) review schedules for the 1997 State Medical Facilities Plan (SMFP). The review schedule has been 
revised to allow potential CON applications in Haywood and Transylvania Counties sufficient to prepare and submit their 
nursing home application for review on March 14, 1997 instead of January 16, 1997. 

Comment Procedures: Written comments must be submitted to the APA Coordinator within 60 days of the publication of 
the rules in the North Carolina Register. Comments should be sent to Jackie Sheppard at the Division of Facility Sendees, 
PO Box 29530. Raleigh, NC 27626-0530. Telephone (919) 733-2342. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTinCATE OF NEED REGULATIONS 

SECTION .3000 - PLANNING POLICIES AND NEED DETERMINATIONS 

.3053 CERTinCATE OF NEED REVIEW SCHEDULE 

The agency has established the following review schedules for certificate of need applications. 
(1) Nursing Care Beds (in accordance with need determinations in 10 NCAC 3R .3072) 



County 



CON Beginning 
Review Date 



Alexander 

Burke 

Cherokee 

Cleveland 

Haywood 

Jackson 

Macon 

Transylvania 

Yancey 

Davidson 



April 1, 1997 

February 1, 1997 

October 1, 1997 

April 1, 1997 

Februar)' 1. 1997 April 1, 1997 

October 1, 1997 

October 1, 1997 

F e bruar>' 1. 1997 April 1. 1997 

February 1, 1997 

October 1, 1997 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1713 



TEMPOKARY RULES 





CON Beginning 


County 


Review Date 


Sum' 


August 1. 1997 


Yadkin 


August 1, 1997 


Iredell 


April 1, 1997 


Lincoln 


April 1. 1997 


Union 


August 1, 1997 


Granville 


May 1, 1997 


Johnston 


March 1, 1997 


Lee 


May 1, 1997 


Wake 


December 1, 1997 


Brunswick 


September 1, 1997 


Cumberland 


December 1, 1997 


Harnett 


March 1, 1997 


Hoke 


March 1, 1997 


Moore 


May 1, 1997 


New Hanover 


September 1, 1997 


Currituck 


December 1, 1997 


Greene 


September 1, 1997 


Lenoir 


May 1, 1997 


Nash 


September 1, 1997 



(2) Home Health Agency Offices (in accordance with need determinations in 10 NCAC 3R .3074) 





CON Beginning 


HSA 


Review Date 


I 


December 1, 1997 


II 


April 1, 1997 


III 


June 1, 1997 


IV 


November 1. 1997 


V 


March 1, 1997 


VI 


July 1. 1997 



(3) Detox-Only Beds (in accordance with need determinations in 10 NCAC 3R .3078) 



1714 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



TEMPORARY RULES 



(4) 



Mental Health Planning Areas 


CON Beginning 




Review Date 


1 (Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain) 


April 


1, 1997 


4 (Henderson, Transylvania) 


April 


1, 1997 


5 (Alexander, Burke, Caldwell, McDowell) 


April 


1, 1997 


6 (Rutherford, Polk) 


April 


1, 1997 


8 (Gaston, Lincoln) 


April 


1, 1997 


11 (Davie, Iredell, Rowan) 


April 


1, 1997 


13 (Surry, Yadkin) 


June 


, 1997 


15 (Rockingham) 


June 


, 1997 


17 (Alamance, Caswell) 


June 


, 1997 


18 (Orange, Person, Chatham) 


June 


, 1997 


20 (Vance, Granville, Franklin, Warren) 


June 


, 1997 


21 (Davidson) 


May 


I, 1997 


23 (Bladen, Columbus, Robeson, Scotland) 


May 


, 1997 


26 (Johnston) 


May 


, 1997 


27 (Wake) 


May 


, 1997 


31 (Wayne) 


May 


, 1997 


32 (Wilson, Greene) 


May 


, 1997 


33 (Edgecombe, Nash) 


May 


, 1997 


34 (Halifax) 


May 


, 1997 


35 (Carteret, Craven, Jones, Pamlico) 


May 


, 1997 


36 (Lenoir) 


May 


, 1997 


38 (Bertie, Gates, Hertford, Northampton) 


May 


, 1997 


39 (Beaufort, Hyde, Martin, Tyrrell, Washington) 


May 


, 1997 


40 (Camden, Chowan, Currituck, Dare, Pasquotank, Perquimans) 


May 


, 1997 


41 (Duplin, Sampson) 


May 


, 1997 


Intermediate Care Facility Beds for Mentally Retarded (in accordance 


with need 


determinations 



in 10 NCAC 3R 



.3079) 



Mental Health Planning Areas 



CON Beginning 
Review Date 



3 (Alleghany, Ashe, Avery, Watauga, Wilkes) December 1, 1997 



11:22 



i 



NORTH CAROLINA REGISTER 



February 14, 1997 



1715 



TEMPORARY RULES 



Mental Health Planning Areas 


CON Begimiing 




Review Date 


14 (Forsyth, Stokes) 


December 1, 1997 


21 (Davidson) 


June 1, 1997 


16 (Guilford) 


June 1, 1997 


18 (Orange, Person, Chatham) 


November 1, 1997 


24 (Cumberland) 


May 1, 1997 


30 (Onslow) 


May 1, 1997 


37 (Pitt) 


May 1, 1997 



(5) Applications for certificates of need will be reviewed pursuant to the following review schedule, unless another 
schedule has been specified in Items (1) through (4) of this Rule. 



CON Beginning 


HSA 


HSA 


Review Date 


I, II, III 


IV, V, VI 


January 1 


- 


-- 


February 1 


A, B, G, I 


G 


March 1 


- 


A, B. F. I 


April 1 


B, F, H, I 


- 


May 1 


- 


B, C, H, I 


June 1 


A, C, D, F, I 


D 


July 1 


-- 


A, F, I 


August 1 


B, E, I 


-- 


September 1 


-- 


B. E, I 


October 1 


A, B, I 


~ 


November 1 


~ 


A, C, F, I 


December 1 


C, D, F, H, I 


B, D, H, I 



History Note: Authority G.S. ] 31 £-176(25); 131E-177(1); 131E-183(b); 
Temporary Adoption Eff. January 2, 1997; 
Temporars' Amendment Eff. Januar\' 15, 1997. 



1716 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



APPROVED RULES 



This Section includes the Register Notice citation to a Rule approved by the Rules Review Commission (RRC) at its 
meeting of January' 16, 1997 pursuant to G.S. 150B-21. 17(a)(1) and reported to the Joint Legislative Administrative 
Procedure Oversight Committee pursuant to G.S. 150B-21.16. The full text of rules are published below when the rules 
have been approved by RRC in a form different from that originally noticed in the Register or when no notice was 
required to be published in the Register. The rules published in full text are identified by an * in the listing of approved 
rules. Statutory Reference: G.S. 1503-21. 17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the 
General Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that 
specifically disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on 
the da\ the bill receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 
150B-21.3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



2 


NCAC 


48A 


.0206* 




2 


NCAC 


48A 


.0211* 




2 


NCAC 


48A 


.0214 




15A 


NCAC 


02C 


.0211* (Eff. 


2-1-97) 


15A 


NCAC 


02C 


.0213* (Eff. 


2-1-97) 


15A 


NCAC 


02C 


.0214* (Eff. 


2-1-97) 


15A 


NCAC 


07H 


.0309* 




15A 


NCAC 


ISA 


.0134* (Eff. 


2-1-97) 


15A 


NCAC 


ISA 


.0134* 




15A 


NCAC 


ISA 


.0168* (Eff. 


2-1-97) 


15A 


NCAC 


ISA 


.0168* 




15A 


NCAC 


ISA 


.0176 




15A 


NCAC 


ISA 


.0182* (Eff. 


2-1-97) 


15A 


NCAC 


ISA 


.0182* 




15A 


NCAC 


ISA 


.0183* 




15A 


NCAC 


ISA 


.0185 




15A 


NCAC 


ISA 


.01S7* 




15A 


NCAC 


ISA 


.0301* (Eff. 


2-1-97) 


15A 


NCAC 


ISA 


.0301* 




15A 


NCAC 


ISA 


.0421* 




15A 


NCAC 


ISA 


.0614* (Eff. 


2-1-97) 


15A 


NCAC 


ISA 


.0614 




15A 


NCAC 


ISA 


.0618* (Eff. 


2-1-97) 


15A 


NCAC 


ISA 


.0618 




15A 


NCAC 


ISA 


.0621 




15A 


NCAC 


ISA 


.0901* (Eff. 


2-1-97) 


15A 


NCAC 


ISA 


.0901* 




15A 


NCAC 


ISA 


.1301* (Eff. 


2-1-97) 


15A 


NCAC 


ISA 


.1301* 




15A 


NCAC 


ISA 


.1319* (Eff. 


2-1-97) 


15A 


NCAC 


ISA 


.1319 




17 


NCAC 


OIC 


.0506* 




19A 


NCAC 


03 E 


.0403* (Eff. 


4-30-97 


21 


NCAC 


5SA 


.0302* 




21 


NCAC 


58A 


.1501* 




21 


NCAC 


58A 


.1502* 




23 


NCAC 


OIB 


.0001* (Eff. 


3-1-97) 


23 


NCAC 


OIB 


.0004* (Eff. 


3-1-97) 


23 


NCAC 


OIB 


.0005* (Eff. 


3-1-97) 



11:06 NCR 325 
11:06 NCR 326 
11:06 NCR 326 
not required, G.S. 
not required, G.S. 
not required, G.S. 
11:12 NCR 981 
not required, G.S. 
11:12 NCR 987 
not required, G.S. 
11:12 NCR 989 
11:12 NCR 991 
not required, G.S. 



:12 NCR 991 
:12 NCR 991 
:12 NCR 992 
:12 NCR 993 
not required, G.S. 
11:12 NCR 993 
11:12 NCR 994 
not required, G.S. 
11:12 NCR 995 
not required, G.S. 
11:12 NCR 995 
11:12 NCR 996 
not required, G.S. 
11:12 NCR 997 
not required, G.S. 
11:12 NCR 997 
not required, G.S. 
11:12 NCR 998 
11:10 NCR 838 
not required, G.S. 
11:03 NCR 116 
11:03 NCR 117 
11:03 NCR 117 
not required, G.S. 
not required, G.S. 
not required, G.S. 



150B-21.5 
150B-21.5 
150B-21.5 

150B-21.5 

1508-21. 5 

150B-21.5 



150B-21.5 

150B-21.5 
150B-21.5 

150B-21.5 
150B-21.5 
150B-21.5 

150B-21.5 



150B-21.5 
1508-21. 5 
1508-21.5 



n:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1717 



APPROVED RULES 



23 


NCAC OIB 


.0008* (Eff. 3-1-97) 


23 


NCAC 02D 


.0104* (Eff. 3-1-97) 



not required, G.S. 150B-21.5 
not required, G.S. I50B-21.5 



TITLE 2 - DEPARTMENT OF AGRICULTURE 

CHAPTER 48 - PLA>rr INDUSTRY 

SUBCHAPTER 48A - PLANT PROTECTION 

SECTION .0200 - HONEY AND BEE INDUSTRY 

.0206 THE TRANSPORTATION OF BEES 

The transportation or importation into North Carolina 
from any other state or country of bees of the superfamily 
apoidea in any stage of development, the causal agents of 
their diseases or disorders, their pests, their products, nests 
or hives, and associated equipment are prohibited except 
under the following conditions: 

(1) All bees of the superfamily apoidea except apis 
mellifera and cross bred strains of apis mellifera 
with other species of apis that are naturalized in 
the United States shall be allowed entry into 
North Carolina only by scientific permit. 
Procedures for obtaining scientific permit are: 

(a) An application for a permit to move 
regulated articles shall be obtained from: 

State Apiarist 

Plant Industry Division 

North Carolina Department of Agriculture 

Post Office Box 27647 

Raleigh, North Carolina 27611 

This application shall be returned to the 
State Apiarist for processing; 

(b) Decisions on acceptance or rejection of 
applications for movement of regulated 
articles for scientific purposes are based on 
the following criteria: 

(i) pest or disease risk hazard; 
(ii) safeguards against spread which can 

be applied; 
(iii) amount of material involved; 
(iv) biological conditions in the area in 

which the regulated article is to be 

moved; 
(v) method of packaging and method of 

shipment to be employed; 
(vi) use for which the regulated articles 

is to be applied. 

(2) Bees of the species, apis mellifera and strains of 
apis mellifera cross bred with other species of 
apis that are naturalized in the United States 
herein referred to as bees and their equipment and 
products may be allowed entry into North 
Carolina under the following conditions: 

(a) Live adult bees in cages, without combs or 
foundation provisioned with "candy" or 



"syrup" made from sugar and boiled honey 
fxjssessing a valid certificate of inspection 
will be admitted when not from an area 
under quarantine; 

(b) Bees on combs or foundation, nuclei, used 
hives, used combs and other used apiary 
equipment of any kind are prohibited 
except by permit issued according to the 
provisions of the rules in this Section; 

(c) New or unused apiary equipment and 
products packed for nonbee consumption 
may be transported into North Carolina 
without restriction; 

(d) Pollen shipped for bee food may be 
transponed into North Carolina when free 
of bee disease; 

(e) Nuclei of commercial beekeepers or a 
beekeeper who is not regularly in the 
business of raising queens, package bees or 
nuclei for sale are prohibited except by 
permit issued according to the provisions of 
the rules in this Section; 

(f) Nuclei of queen breeders, package bee 
producers, or nuclei producers must be 
accompanied by a valid certificate of apiary 
inspection issued by the proper official of 
the state of origin and marked with the 
North Carolina compliance agreement 
number. A compliance agreement may be 
made between the State Apiarist and those 
rearing bees in other states for sale as 
nuclei providing the shipper agrees to the 
conditions in the compliance agreement; 

(g) The transportation into North Carolina 
from any other state or country of bees on 
comb, used hive bodies, frames, combs and 
other apiary equipment may be allowed into 
North Carolina when each shipment is 
accompanied by a valid permit issued by 
the State Apiarist. Any colony or colonies 
of bees or used apiary equipment of any 
kind found to be moving or to have been 
moved into North Carolina in violation of 
the requirements of this Section shall be 
subject to seizure, destruction, or such 
other disposition as shall be determined by 
the State Apiarist, or other authorized 
inspector, without compensation to the 
owner. 

(3) Bees may be transported through North Carolina 
in interstate commerce to a destination outside 
North Carolina only under the following 
conditions: 



1718 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



APPROVED RULES 



(a) Hives must be securely covered at all 
times; 

(b) Transporting vehicles must keep motors 
running at all times unless refueling, or 
unless the bees are enclosed in a 
refrigerated containment vehicle that 
maintains the bees at a constant 
temperature below 45 degrees F.; 

(c) Transporting vehicles must travel on and 
remain within one mile of an interstate 
highway; and 

(d) The vehicle operator or other responsible 
person must immediately report to the 
North Carolina Department of Agriculture 
any accidental or intentional release of 
bees. 

(4) Bees may be transported freely within North 
Carolina except as restricted by quarantine, 
clean-up areas, or other rules herein. 

History Note: Authority G.S. 106-634 through 106-644; 

Eff. January 1. 1985; 

Amended Eff. July 1. 1998; June 1, 1993; April 1, 1985. 

.0211 COMPLIANCE AGREEMENT 

(a) A compliance agreement may be made between the 
State Apiarist and those rearing bees for sale providing the 
shipper agrees to: 

(1) Notify the State Apiarist of bees shipped into or 
within North Carolina, the date shipped, and 
destination; 

(2) Not use chemotherapy to mask the presence of 
disease; 

(3) Not exchange used frames in the operation; 

(4) Have all of his bees inspected twice a year and 
send the State Apiarist copies of health certificates 
issued; 

(5) Meet all other conditions stipulated by the State 
Apiarist and provided for by these Rules. 

(b) If conditions within the state of origin warrant or 
violations of the compliance agreement or other health 
standards occur, the State Apiarist may discontinue the 
issuance of compliance agreements and revoke any 
outstanding agreements. 

(c) The compliance agreement expires December 31 of 
each year imless revoked by the State Apiarist prior to that 
date. 

History Note: Authority G.S. 106-634 through 106-644; 
Eff. January 1, 1985; 
Amended Eff. July 1. 1998. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 



SUBCHAPTER 2C - WELL CONSTRUCTION 
STANDARDS 

SECTION .0200 - CRITERIA AND STANDARDS 
APPLICABLE TO INJECTION WELLS 

.0211 PERMITS 

(a) A permit shall be obtained from the Director prior to 
constructing, operating, or using any well for injection 
unless the well is deemed permitted in accordance with 
Paragraph (u) of this Rule. In those instances where all 
individual injection wells within a well field will be 
essentially similar with respect to construction, operation, 
reporting, and abandonment, and are of the same well Type, 
the Director may issue an area permit for the injection 
operations within that same well field, facility, site, 
reservoir, or similar unit. No permit shall be granted for 
the injection of wastes or any substance of a composition 
and concentration such that, if it were discharged to the land 
or waters of the state, would create a threat to human health 
or would otherwise render those waters unsuitable for their 
intended best usage unless specifically provided for by 
Statute or by the Rules in this Section. 

(b) All permit applications shall be signed as follows: 

(1) for a corporation: by a responsible corporate 
officer 

(2) for a partnership or sole proprietorship: by a 
general partner or the proprietor, respectively; 

(3) for a mimicipality, state, federal, or other public 
agency: by either a principal executive officer or 
ranking elected official; or 

(4) for all other persons: by the well owner. 

(c) The person signing the permit application shall certify 
that the data furnished on the application is accurate and that 
the well will be operated in accordance with the approved 
specifications and conditions of the permit. 

(d) An application shall be submitted, in duplicate, to the 
Director on forms furnished by the Director and shall 
include the following: 

(1) For all Class 5 Well Types: 

(A) The permit well owner's and (if different 
from the owner) the well operator's name, 
address, telephone number, and status as a 
federal, state, private, public, or other 
activity; 

(B) The name, mailing address, telephone 
number, and location of the facility for 
which the application is submitted and a 
brief description of the nature of the 
business; 

(C) A description of the injection activities 
proposed by the applicant; 

(D) A scaled, site-specific map showing the 
location(s) of the following: 

(i) the proposed injection well(s); 
(ii) all property boundaries; 
(iii) the direction and distance from the 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1719 



APPROVED RULES 



injection well or well system to two 
nearby permanent reference points 
(such as roads, streams, and 
highway intersections); 

(iv) all buildings within the property 
boundary; 

(v) any other existing or abandoned 
wells, including water supply and 
monitoring wells, within the area of 
review of the injection well or well 
system; 

(vi) any existing sources of potential or 
known groundwater contamination, 
including waste storage, treatment, 
or disposal systems within the area 
of review of the injection well or 
well system; and 
(vii) all surface water bodies within the 
area of review of the injection well 
or well system. 

(E) The chemical, physical, biological, and 
radiological characteristics of the fluid to 
be injected; 

(F) The proposed average and maximum daily 
rate and quantity of fluid to be injected; 

(G) Detailed plans and specifications of the 
surface and subsurface construction details 
of the system; 

(H) A listing of all permits or construction 

approvals, received or applied for by the 

applicant, that are related to the site or 

facility covered by this application 

including but not limited to: 

(i) Hazardous Waste Management 

program permits or approval under 

the Resource Conservation and 

Recovery Act (RCRA); 

(ii) NC Division of Water Quality 

Non-Discharge permits; 
(iii) Sewage Treatment and Disposal 
Permits issued in accordance with 
G.S. 130A; and 
(iv) Other environmental permits 
required by state or federaJ law. 
(I) Up to four Standard Industrial Codes which 
best reflect the principal products or 
services provided by the facility; 
(J) Whether or not the facility is located on 

Indian lands; 
(K) Such other information as deemed 
necessary by the Director for the protection 
of human health and the environment. 
(2) For Type 5A7 and 5QM Wells, in addition to the 
information required in Subparagraph (d)(1) of 
this Rule, the application shall include the 
heating/cooling system installation contractor's 
name, address, and telephone number; 



(3) For Type 51 and 5L Wells, in addition to the 
information required in Subparagraph (d)(1) of 
this Rule, the application shall include: 

(A) a brief description of the contamination 
incident and incident number assigned by 
Division staff in the Department's Regional 
Office; 

(B) a site specific scaled map showing the 
following: 

(i) contour intervals not exceeding two 

feet; 
(ii) the location of all springs, lakes, 
ponds, or- other surface drainage 
features within 1000 feet of the 
injection well or well system; 

(iii) potentiometric surface showing 
direction of groundwater movement; 
and 

(iv) the horizontal and vertical extent of 
the contaminant plume (including 
isoconcentration lines and plume 
cross sections). 

(C) a tabulation of data on all wells within 1/4 
mile of the injection well(s), excepting 
water supply wells serving a single-family 
residence, which penetrate the proposed 
injection zone. Such data shall include a 
description of each well's type, depth, 
record of abandonment or completion, and 
any additional information the Director may 
require; 

(D) a hydrogeologic description, soils 
description, and cross section of the 
subsurface to a depth that includes the 
known or projected depth of contamination. 
G.S. 89E-18 requires that any geologic 
plans, reports, or documents in which the 
performance is related to the public welfare 
or safeguarding of the environment be 
prepared by a licensed geologist or 
subordinate under his direction. G.S. 89E- 
13 requires that all drawings, reports, or 
documents involving geologic work which 
shall have been prepared or approved by a 
licensed geologist or a subordinate under 
his direction be signed and sealed by him 
or her. The number of borings shall be 
sufficient to determine the following: 

(i) the regional geologic setting; 
(ii) significant changes in lithology; 
(iii) the hydraulic conductivity of the 

saturated zone; 
(iv) the depth to the mean seasonal high 

water table; and 
(v) a determination of transmissivity and 
specific yield of the aquifer to be 
used for injection (showing 



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February 14, 1997 



11:22 



APPROVED RULES 



calculations used for transmissivity 
and specific yield). 

(E) a detailed description of the proposed 
injection procedure including: 

(i) average and maximum daily rate and 

quantity of fluid to be injected; 
(ii) average and maximum injection 

pressure; 
(iii) injection pressure relative to the 

overburden pressure of the soils and 

injection zone; 
(iv) injection temperature; and 
(v) demonstration of closed-loop 

recovery of injected and 

contaminated fluids; 

(F) proposed concentration of any contaminant 
in the effluent, given any proposed 
pretreatment; 

(G) plans for proposed location and 
construction details of groundwater 
monitoring well network including schedule 
for sampling and analytical methods. 

(4) For Types 5B22, 5R21, 5S23, 5T, 5X25, and 5Z 
wells, in addition to the information required in 
Subparagraph (d)(1) of this Rule, the application 
shall include: 

(A) a detailed description of all planned 
activities relating to the proposed injection 
facility including but not limited to: 

(i) construction plans and materials; 
(ii) operation procedures; and 
(iii) planned injection schedule. 

(B) a hydrogeologic description, soils 
description, and cross section of the 
subsurface to the depth of the proposed 
injection zone. G.S. 89E-18 requires that 
any geologic plans, reports, or documents 
in which the performance is related to the 
public welfare or safeguarding of the 
environment be prepared by a licensed 
geologist or subordinate under his 
direction. G.S. 89E-13 requires all 
drawings, reports, or documents involving 
geologic work which shall have been 
prepared or approved by a licensed 
geologist or a subordinate under his 
direction be signed and sealed by him or 
her. The number of borings shall be 
sufficient to determine the following: 

(i) the regional geologic setting; 
(ii) significant changes in lithology; 
(iii) the hydraulic conductivity of the 

saturated zone; 
(iv) the depth to the mean seasonal high 

water table; and 
(v) a determination of transmissivity and 
specific yield of the aquifer to be 



used for injection (show calculations 

used for transmissivity and specific 

yield). 

(C) plans for proposed location and 

construction details of groundwater 

monitoring well network including schedule 

for sampling and analytical methods. 

(e) All applications for a new permit or renewal, 
modification, or transfer of an existing permit shall be filed 
in sufficient time prior to construction and operation or 
expiration, modification, or transfer to allow compliance 
with all legal procedures. 

(0 All reports shall be signed by a person described in 
Paragraph (b) of this Rule or by a duly authorized agent of 
that person. All records, reports, and information required 
to be submitted to the Director and public comment on these 
records, reports, or information shall be disclosed to the 
public unless the person submitting the information can 
show that such information, if made public, would disclose 
methods or processes entitled to protection as trade secrets. 
The Director shall determine which information is entitled 
to confidential treatment. In the event the Director 
determines that such information is entitled to confidential 
treatment, the Director shall take steps to protect such 
information from disclosure. 

(g) The Director shall consider the cumulative effects of 
drilling and construction of multiple wells and operation of 
all proposed wells within a well field during evaluation of 
an area permit application. 

(h) Injection may not commence until construction is 
complete, the permittee has submitted notice of completion 
of construction to the Director, and the Director has 
inspected or otherwise reviewed the injection well and finds 
it in compliance with the permit conditions. If the permittee 
has not received notice from the Director of intent to inspect 
or otherwise review the injection well within 10 days after 
the Director receives the notice, the permittee may 
commence injection. Prior to granting approval for the 
operation of any injection well, the Director shall consider 
the following information when such information is required 
by these Rules: 

(1) all available logging and testing data on the well; 

(2) a satisfactory demonstration of mechanical 
integrity pursuant to these Rules; 

(3) the proposed operating procedures; 

(4) the results of the formation testing program; and 

(5) the status of corrective action on defective wells 
in the area of review. 

(i) The Director may establish maximum injection 
volumes and pressures necessary to assure that: 

(1) fractures are not initiated in the confining zone; 

(2) injected fluids do not migrate outside the injection 
zone or area; 

(3) injected fluids do not cause or contribute to the 
migration of fluids beyond the compliance 
boundary; 

(4) formation fluids are not displaced outside the 



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February 14, 1997 



1721 



APPROVED RULES 



formation; and 
(5) there is compliance with operating requirements. 

(j) A permit shall be issued for a period not to exceed 
five years from the date of issuance. On expiration of the 
permit, the permit shall become invalid unless application is 
made, at least 120 days prior to the expiration date, for an 
extension of the subject permit. 

(k) The permittee shall at all times properly operate and 
maintain all facilities and systems of treatment and control 
(and related appurtenances) which are installed or used by 
the permittee to achieve compliance with the conditions of 
this permit. Proper operation and maintenance includes 
effective performance and adequate laboratory and process 
controls, including appropriate quality assurance procedures. 
This provision requires the operation of back-up or auxiliary 
facilities or similar systems only when necessary to achieve 
compliance with the conditions of the permit. 

(1) The permit may be modified, revoked and reissued, 
or terminated by the Director in whole or part for actions 
which would adversely impact human health or the 
environment, such actions to include but not be limited to: 

( 1 ) violation of any terms or conditions of the permit; 

(2) obtaining a permit by misrepresentation or failure 
to disclose fully all relevant facts; 

(3) refusal of the permittee to allow authorized 
employees of the Division upon proper 
presentation of credentials: 

(A) to enter upon permittee's premises on 
which a system is located in which any 
records are required to be kept under terms 
and conditions of the permit; 

(B) to have access to and copy any records 
required to be kept under terms and 
conditions of the permit; 

(C) to inspect any monitoring equipment or 
method required in the permit; or 

(D) to sample any discharge from the injection 
facility. 

(m) The filing of an application by the permittee for a 
permit modification, revocation and reissuance, or 
termination, or a notification of planned changes or 
anticipated noncompliance, shall not stay any permit 
condition. 

(n) The permit shall not convey any property rights of 
any sort, or any exclusive privilege. 

(o) The permittee shall furnish to the Director any 
information which the Director may request to determine 
whether cause exists for modifying, revoking and reissuing, 
or terminating the permit, or to determine compliance with 
the permit. The permittee shall also furnish to the Director, 
upon request, copies of records required by the permit to be 
kept. 

(p) The permittee shall allow the Director, or an 
authorized representative, upon their presentation of 
credentials and other documents as may be required by law, 
to: 

(1) enter upon the permittee's premises where a 



regulated facility or activity is located or 
conducted, or where records must be kept under 
the conditions of the permit; 

(2) have access to and copy, during normal business 
hours, any records that must be kept under the 
conditions of the permit; 

(3) inspect, at reasonable times, any facilities, 
equipment (including monitoring and control 
equipment), practices, or operations regulated or 
required under the permit; and 

(4) sample or monitor, at reasonable times, and for 
the purposes of assuring permit compliances or as 
otherwise authorized, any substances or 
parameters. 

(q) The permittee shall retain copies of records of all 
monitoring information, including all calibration and 
maintenance records, all original strip chart recordings for 
continuous monitoring instrumentation, and copies of all 
reports required by this permit, for a period of at least three 
years from the date of the sample, measurement, report, or 
application. Records of monitoring information shall 
include: 

(1) the date, exact place, and time of sampling or 
measurements; 

(2) the individual(s) who performed the sampling or 
measurements; 

(3) the date(s) analyses were performed; 

(4) the individual(s) who performed the analyses; 

(5) the analytical techniques or methods used; and 

(6) the results of any such sampling, measurements, 
and analyses. 

(r) The permit shall not be transferable to any person. 
The Director may require modification or revocation and 
reissuance of the permit to change the name of the permittee 
and incorporate such other requirements as may be 
appropriate. 

(s) The permittee shall report any monitoring or other 
information which indicates that any contaminant may cause 
an endangerment to an underground source of drinking 
water and any noncompliance with a permit condition or 
malfunction of the injection system which may cause fluid 
migration outside the injection zone or area. The 
information shall be provided, to the Director, orally within 
24 hours of the occurrence and as a written submission 
within five days of the occurrence. The written submission 
shall contain a description of the noncompliance and its 
cause, the period of noncompliance, including exact dates 
and times, and if the noncompliance has not been corrected, 
the anticipated time it is expected to continue, and any steps 
taken or planned to reduce, eliminate, and prevent 
reoccurrence of the noncompliance. 

(t) The Commission may delegate, through a 
Memorandum of Agreement to another state agency, the 
authority to permit injection wells that are an integral part 
of a facility requiring a permit from that agency. 

(u) The following injection wells are deemed to be 
permitted pursuant to G.S. 87-87 and it shall not be 



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February 14, 1997 



11:22 



APPROVED RULES 



necessary for the Division to issue individual permits for 
construction or operation of the following Class 5 Well 
Types: 

(1) Type 5P - Air Injection Well which meets the 
following criteria: 

(A) The air to be injected shall not exceed the 
ambient air quality standards set forth in 
15A NCAC 2D Section .0400 and shall not 
contain any detectable hazardous 
constituents; and 

(B) The operation of the air injection well shall 
not cause contaminated groundwater to 
migrate into an area not contaminated prior 
to initiation of injection activities or cause 
a contravention of a groundwater quality 
standard as specified in 15A NCAC 2L. 

(2) Type 5QW - Closed-Loop Geothermal-Water- 
Only Injection Well System which recirculates 
potable water only and meets the following 
criteria: 

(A) The construction of the system shall be 
completed in such a manner so as to 
preclude surficial contaminants from 
entering the borehole; and 

(B) The person responsible for the construction 
of the injection well system shall submit 
notification, prior to construction, of 
construction to the Division on forms 
supplied by the Division. 

(3) Type 5X30 - Aquifer Test Well which meets the 
following criteria: 

(A) The operation of the aquifer test well shall 
not cause contaminated groundwater to 
migrate into an area not contaminated prior 
to initiation of injection activities or cause 
a contravention of a groundwater quality 
standard as specified in 15 A NCAC 2L ; 
and 

(B) The fluid to be injected shall be 
uncontaminated. 

(4) In addition to the criteria specified in 
Subparagraph (u)(2) of this Rule, any test hole or 
boring shall be permanently abandoned by the 
driller in accordance with Rule .0214 of this 
Section within two days after drilling or two days 
after testing is complete, whichever is less 
restrictive, except when a test well is being 
converted to a permanent injection well, in which 
case conversion shall be completed within 30 
days. 

History Note: Authority G.S. 87-87: 87-88: 87-90: 87-94; 

87-95: 89E-13: 89E-18: 143-211: 143-214.2(b): 143- 

215.1 A: 

143-215. 3(a)(1); 143-215. 3(c); 1508-19(4); 40 CFR Part 

144.52(a)(7): 40 CFR Part 145.1 1(a) (20); 

Eff. August 1. 1982; 



Amended Eff. February 1. 1997; October 1, 1996; March 1, 
1984. 

.0213 ADDITIONAL CRTTEIUA AND STANDARDS 
APPLICABLE TO CLASS 5 WELLS 

(a) Location. 

(1) For all well types, the injection well shall not be 
located in an area generally subject to flooding. 
Areas which are generally subject to flooding 
include those with concave slope, alluvial or 
coUuvial soils, gullies, depressions, and drainage 
ways. 

(2) For Type 51, and 5L wells where the 
concentration of any component of the injectant: 

(A) exceeds the groundwater quality standards 
specified in 15A NCAC 2L .0202, the 
injection well shall not be located: 

(i) at a point where the injectant would 
degrade the existing quality of the 
groundwater in the water-bearing 
unit into which the injectant is being 
released; or 
(ii) at a point where, as a result of the 
injection activity, corrective action 
would be required under 15 A NCAC 
2L .0106. 

(B) is less than the groundwater quality 
standards specified in 15A NCAC 2L 
.0202, the injection well shall not be 
located at point where the injectant would 
result in a contravention of any of the 
aforementioned groundwater quality 
standards in the water-bearing unit into 
which the injectant is being released. 

(3) For all well types, the injection well shall be 
located in an area which does not require a person 
to enter confmed spaces to perform sampling and 
inspection activities. 

(4) For Type 5A7, 5R21, 5S23, 5X25, and 5Z wells, 
the minimum horizontal separation between a well 
that is designed for injection at atmospheric 
pressure and potential sources of groundwater 
contamination shall be as follows unless it can be 
demonstrated to the Director's satisfaction that a 
lesser separation distance will not result in a 
threat to human health or a contravention of a 
groimdwater quality standard as specified in 15A 
NCAC 2L: 

(A) Septic tank and drainfield 50 ft. 

(B) Other subsurface ground absorption waste 
disposal system 50 ft. 

(C) Industrial or mimicipal sludge-spreading or 
wastewater-irrigationsites 50 ft. 

(D) Water-tight sewage or liquid-waste 
collection or transfer 
facility 25 ft . 

(E) Cesspools and privies 50 ft. 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1723 



APPROVED RULES 



(F) Animal feedlots or manure 
piles 50 ft. 

(G) Fertilizer, pesticide, herbicide, or other 
chemical storage 
areas 50 ft. 

(H) Sanitary landfills 500 ft. 

(I) Non-hazardous waste storage, treatment, or 

disposal lagoons 100 ft. 

(J) Other non-hazardous solid waste 

landfills IDO ft. 

(K) Animal bams 50 ft. 

(L) All other potential sources of groundwater 

contamination 50 ft . 

(5) For all other well types the minimum horizontal 
separation between a well that is designed for 
injection and potential sources of groundwater 
contamination shall be the distance necessan' to 
prevent migration of contaminants or a violation 
of groundwater standards as demonstrated by 
hydrogeologic computer modeling. 

(b) Drilling Fluids and Additives. Drilling fluids and 
additives shall not contain organic materials that cause the 
surrounding groundwaters to become non-potable nor toxic 
substances, and may be comprised only of: 

(1) the formational material encountered during 
drilling; or 

(2) materials manufactured specifically for the 
purpose of borehole conditioning or well 
construction; or 

(3) materials approved by the Director, based on a 
demonstration of not adversely affecting human 
health or the environment. 

(c) Drilling, Casing, Screens, and Testing. 

(1) In the drilling, casing, screening, and testing of 
injection wells the following procedures shall be 
utilized: 

(A) unless otherwise excepted by this Rule, a 
casing shall be installed which extends 
from at least 12 inches above land surface 
to the top of the injection zone or to a 
depth of 20 feet whichever is shallower; 

(B) wells with casing extending less than 12 
inches above land surface and wells without 
casing may be approved by the Director 
only when the following conditions are 
met: 

(i) Either: 

(1) site-specific conditions 

directly related to business 
activities, such as vehicle 
traffic, would endanger the 
physical integrity of the well; 
or 
(II) it is not operationally feasible 
for the well head to be 
completed 12 inches above 
land surface due to the 



engineering design 

requirements of the system; 
and 
(ii) for Type 5Q wells without 
permanent casing, the well head is 
completed in such a manner so as to 
preclude surficial contaminants from 
entering the well; and the vertical 
length of the borehole shall be 
grouted to a minimum depth of 20 
feet below land surface with a grout, 
as specified in Rule .0204 of this 
Section, and by a method approved 
by the Director based on a 
demonstration of not adversely 
affecting human health or the 
environment; and 
(iii) for all other wells, the well head is 
completed in such a manner so as to 
preclude surficial contaminants from 
entering the well; and well head 
protection shall include; 
(I) an accessible external sanitary 
seal installed around the 
casing and grouting; 
(II) a sufficient vertical distance 
between the top of the 
grouting and the top of the 
casing to prevent any surficial 
fluids from entering the 
injection well casing; and 
(III) a water-tight seal installed on 
the top of the casing; 
(C) the methods and materials used in 
construction shall not threaten the physical 
and mechanical integrity of the well during 
its lifetime (i.e., it shall be designed and 
constructed to operate the projected life of 
the well) and shall be compatible with the 
proposed injection activities. In determining 
the suitability of the methods and materials 
to be used in the drilling, casing, 
screening, and testing, the Director shall 
consider the following: 
(i) depth to the injection zone; 
(ii) injection pressure, external pressure, 
internal pressure, and axial loading; 
(iii) hole size; 

(iv) size and grade of all casing (wall 
thickness, diameter, nominal weight, 
length, joint specification, and casing 
material); 
(v) size and grade of all screen material 
(wall thickness, nominal weight, 
diameter, length, joint specification, 
and screen material); 
(vi) corrosiveness of injected and 



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February 14, 1997 



11:22 



APPROVED RULES 



formation fluids; 
(vii) lithology of injection and confining 

zones; 
(viii) type and grade of cement; 
(ix) type and grade of drilling fluid and 

additives; and 
(x) other applicable state and local well 
construction and environmental 
standards; 

(D) multi-screened wells shall not connect aquifers or 
zones which have differences in water quality 
which would result in a degradation of any aquifer 
or zone; 

(E) the migration of fluids outside the approved 
injection or recovery zone or area is not 
permitted; 

(F) contaminants are not introduced into underground 
sources of drinking water unless specifically 
authorized by Statute or Rule; and 

(G) the borehole shall not penetrate to a depth greater 
than the depth at which injection will occur unless 
the purpose of the borehole is the investigation of 
the geophysical and geochemical characteristics of 
an aquifer. Following completion of the 
investigation the borehole beneath the zone of 
injection shall be grouted completely to prevent 
the vertical migration of any contaminants 
downward. 

(2) In addition to the requirements of Subparagraph 
(c)(1) of this Rule, the testing requirements for all 
wells other than Type 5A7, 5QW, 5P, and 5X30 
shall include but not be limited to: 

(A) Appropriate logs and other tests conducted 
during the drilling and construction of the 
wells shall be submitted to the Director 
within 30 days of completion of well 
construction. A descriptive report 

interpreting the results of such logs and 
tests shall be prepared by a knowledgeable 
log analyst and submitted to the Director 
within 30 days of completion of the tests. 
The logs and tests appropriate to each type 
of Class 5 well shall be determined by the 
Director based on the intended function, 
depth, construction, and other 
characteristics of the well, availability of 
similar data in the area of the drilling site, 
and the need for additional information that 
may arise from time to time as the 
construction of the well progresses. At a 
minimum, such logs and tests shall include 
deviation checks conducted on all holes 
where pilot holes and reaming are used, 
and at sufficiently frequent intervals to 
assure that vertical avenues for fluid 
migration in the form of diverging holes 
are not created during drilling. In the case 



of area permits, the Director may authorize 
logs and tests of the well field as a whole, 
rather than of each individual well within 
the well field. 

(B) When the injection zone is a water-bearing 
formation, the following information 
concerning the injection zone as determined 
or calculated by the owner, shall be 
submitted to the Director within 30 days of 
completion of the determinations in an 
integrated form: 

(i) fluid pressure; 
(ii) fluid temperature; 
(iii) fracture pressure; 
(iv) other physical and chemical 

characteristics of the injection zone; 
(v) physical and chemical characteristics 

of the formation fluids; and 
(vi) compatibility of injected fluids with 

formation fluids. 

(C) When the injection formation is not a 
water-bearing formation, only the 
information required in Parts (B)(iii) and 
(iv) of this Subparagraph shall be 
determined or calculated and submitted to 
the Director within 30 days of completion 
of the determinations. 

(D) Monitoring wells completed in the injection 
zone and any of those zones adjacent to the 
injection zone might be affected by the 
injection operations. These wells shall be 
located in such a fashion as to detect any 
movement of injection fluids, process 
by-products, or formation fluids outside the 
injection area or zone. If the operation 
may be affected by subsidence or 
catastrophic collapse, the monitoring wells 
shall be located so that they will not be 
physically affected and shall be of an 
adequate number to detect movement of 
injected fluids, process by-products, or 
formation fluids outside the injection zone 
or area. In determining the number, 
location and spacing of monitoring wells, 
the following criteria shall be considered by 
the Director: 

(i) the population relying on the 
underground source of drinking 
water affected, or potentially 
affected, by the injection operation; 

(ii) the proximity of the injection 
operation to points of withdrawal of 
drinking water; 
(iii) the local geology and hydrology; 
(iv) the operating pressures; 

(v) the chemical characteristics and 
volume of the injected fluid. 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1725 



APPROVED RULES 



formation water, and process 
by-products; and 
(vi) the density of injection wells. 
(E) For any wells that inject at a pressure 
exceeding atmospheric, tests for mechanical 
integrity and injection capacity shall be 
conducted in accordance with Rule .0207 
of this Section. 

(3) All piping, wiring, and vents shall enter the well 
through the top of the casing unless otherwise 
approved by the Director based on a design 
demonstrated to preclude surficial contaminants 
from entering the well. 

(4) A hose bibb, sampling tap, or other collection 
equipment, as approved by the Director based on 
a demonstration of not adversely affecting human 
health or the environment, shall be installed on 
the line entering the injection well such that a 
sample of the injectant can be obtained 
immediately prior to its entering the injection 
well. 

(d) Grouting and Sand-and-Gravel-Packing. 

(1) The annular space between the casing and the 
borehole shall be grouted: 

(A) with a type of cement that is non-toxic and 
is non-reactive with the casing or screen 
materials, the formation, and the injected 
fluids; 

(B) by a method such that the physical and 
mechanical integrity of the well(s) is not 
threatened during its life expectancy; 

(C) from land surface: 

(i) to a minimum depth of 20 feet when 
the well is greater than 20 feet in 
depth; or 

(ii) to within two feet of the top of the 
injection zone in those wells less 
than 20 feet in depth; or 

(iii) in another configuration, as 
approved by the Director, upon 
demonstrations that such a 
configuration is necessitated by 
engineering design of the injection 
facility and will not adversely affect 
human health or the environment; 
and 

(D) so that the grout shall extend outward from 
the casing wall to a minimum thickness 
equal to either one-third of the diameter of 
the outside dimension of the casing or two 
inches, whichever is greater. 

(2) Grout shall be placed around the casing by one of 
the following methods: 

(A) Pressure. Grout shall be pumped or forced 
under pressure through the bottom of the 
casing until it fills the annular area around 
the casing and overflows at the surface. 



(B) Pumping. Grout shall be pumped into 
place through a hose or pipe extended to 
the bottom of the annular space which can 
be raised as the grout is applied. The 
grout hose or pipe shall remain submerged 
in grout during the entire application. 

(C) Other. Grout may be emplaced in the 
annular space by gravity flow in such a 
way to insure complete filling of the space. 

(3) If an outer casing is installed, it shall be grouted 
by either the pumping or pressure method. 

(4) All grout mixtures shall be prepared prior to 
emplacement. 

(5) The well shall be grouted within five working 
days after the casing is set. 

(6) No additives which will accelerate the process of 
hydration shall be used in grout for thermoplastic 
well casing. 

(7) In those instances where the life expectancy of the 
well will not exceed 90 days, the Director may 
consider modifications or deletion of the grouting 
requirements where such modifications or deletion 
would not have a deleterious effect upon an 
underground source of drinking water. 

(8) Packing materials shall: 

(A) be composed of quartz, granite, or similar 
rock material and shall be clean, of 
uniform size, water-washed and free from 
clay, silt, or other deleterious material; 

(B) be disinfected prior to subsurface 
emplacement; 

(C) be emplaced such that it shall not connect 
aquifers or zones which have differences in 
water quality that would result in the 
deterioration of the water qualities in any 
aquifer or zone; and 

(D) be evenly distributed around the screen and 
shall extend to a depth at least one foot 
above the top of the screen. A one foot 
thick seal, comprised of bentonitic clay or 
other sealing material approved by the 
Director based on a demonstration of not 
adversely affecting human health or the 
environment, shall be emplaced directly 
above and in contact with the packing 
material. 

(e) Operating. 

(1) Pressure at the well head shall be limited to a 
maximum which will ensure that the pressure in 
the injection zone does not initiate new fractures 
or propagate existing fractures in the injection 
zone, initiate fractures in the confining zone, or 
cause the migration of injected or formation fluids 
outside the injection zone or area. 

(2) Injection between the outermost casing protecting 
underground souices of drinking water and the 
well bore is prohibited. 



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February 14, 1997 



11:22 



APPROVED RULES 



(3) Provisions shall be made by the permittee for the 
monitoring of operating processes at the well 
head. 

(4) All injection wells shall be afforded protection 
against damage during construction and use. 

(f) Monitoring. 

(1) Monitoring of any injection wells may be required 
by the Director as necessary to demonstrate 
adequate protection of underground sources of 
drinking water. In determining the type, density, 
frequency, and scope of monitoring, the Director 
shall consider the following: 

(A) physical and chemical characteristics of the 
injection zone; 

(B) physical and chemical characteristics of the 
injected fluid(s); 

(C) volume and rate of discharge of the 
injected fluid(s); 

(D) compatibility of the injected fluid(s) with 
the formation fluid(s); 

(E) the number, type and location of all wells, 
mines, surface bodies of water, and 
man-made structures within the area of 
review; 

(F) proposed injection procedures; 

(G) expected changes in pressure, formation 
fluid displacement, and direction of 
movement of injected fluid; 

(H) proposals of corrective action to be taken in 
the event that a failure in any phase of 
injection operations endangers an 
underground source of drinking water; and 
(I) the life expectancy of the injection 
operations. 

(2) Monitoring, if required by the Director, shall be 
in accordance with the following requirements: 

(A) Samples and measurements, taken for the 
purpose of monitoring, shall be 
representative of the monitored activity. 

(B) Analysis of the physical and chemical 
characteristics of the injected fluid shall be 
made monthly or more frequently, as 
necessary, in order to provide 
representative data for characterization of 
the injectant. 

(C) Monitoring of injection pressure, flow rate, 
and cumulative volume shall occur 
according to a schedule determined 
necessary by the Director. 

(D) Monitoring wells associated with the 
injection site shall be monitored quarterly 
to detect any migration of injected fluids 
from the injection zone. 

(E) Continuous recording devices to monitor 
the injection pressure, flow, rate, and 
volume of injected fluid shall be installed. 

(g) Injection Well Identification Plate. 



(1) An identification plate showing the name and 
registration number of the drilling contractor shall 
be permanently installed on the well within 24 
hours after completion of the drilling. 

(2) The identification plate shall be constructed of a 
durable weatherproof, rustproof metal or 
equivalent material. 

(3) The identification plate shall be securely attached 
to the well casing, or other location approved by 
the Director due to its immediate proximity to 
another part of the injection well, where it is 
readily visible. 

(4) The identification plate shall not be removed from 
the well by any person. 

(5) The identification tag shall be stamped with a 
permanent marking within 30 days of completion 
of the well to show the following: 

(A) total depth of well; 

(B) casing depth (ft.) and inside diameter (in.); 

(C) screened intervals of screened wells; 

(D) gravel interval of gravel-packed wells; 

(E) yield, in gallons per minute (gpm), or 
specific capacity in gallons per minute per 
foot of drawdown (gpm ft.-dd); 

(F) static water level and date measured; 

(G) drilling contractor and registration number; 
and 

(H) date well completed. 
(Ti) Reporting. The well owner shall be responsible for 
submitting to the Director on forms furnished by the 
Director, or on an alternate approved form which provides 
the same information: 

(1) A record of the construction or abandonment or 
repairs of a well, to include: the owner's name; 
well location, size, and depth; casing record; 
method of completion or abandonment; formation 
log; static water level; injection apparatus; and 
records of any surveys, geophysical logs, tests, or 
water analyses, and changes in construction or in 
materials replaced. These records shall be 
submitted within 30 days of completion of 
specified activities or abandonment of the well, 
whichever occurs earliest. 

(2) Quarterly reports on required monitoring 
activities, which shall include: 

(A) the date, exact place, and time of sampling 
or measurements; 

(B) the individual(s) who performed the 
sampling or measurements; 

(C) the date(s) analyses are performed; 

(D) the individual(s) who performed the 
analyses; 

(E) the analytical techniques or methods used; 
and 

(F) the results of such sampling, measurements 
or analyses. 



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APPROVED RULES 



History Note: Aiilhonty G.S. 87-87; 87-88; 87-94; 87-95; 

143-211: 143-214. 2(b}: 143-215. lA; 143-215. 3(a)(1): 

143-215.3(0; 

Eff. August 1, 1982; 

Amended Eff. February I. 1997; October 1. 1996; 

March 1. 1984. 

.0214 ABANDONMENT AND CHANGE-OF- 
STATUS OF WELLS 

(a) In the event any injection or associated monitoring 
well is abandoned, either temporarily or permanently, the 
well owner shall notify the Director within 15 days and the 
well(s) shall be abandoned in accordance with one of the 
following procedures or other alternatives approved by the 
Director based on a demonstration of not adversely affecting 
human health or the environment: 

(1) Procedures for temporarily abandoned wells. 

(A) Upon temporary removal from service, or 
prior to being put into service, the well 
shall be sealed with a water-tight cap or 
seal compatible with the casing and 
installed so that it cannot be removed 
without the use of hand or powers tools. 

(B) The well shall be maintained whereby it is 
not a source or channel of contamination to 
an underground source of drinking water 
during its temporary status. 

(C) The well shall be repaired, to achieve 
compliance with the Rules in this Section, 
or permanently abandoned within 30 days 
of receipt of notice from the department, 
upon finding that a well is acting as a 
source or channel of contamination to an 
underground source of drinking water. 

(2) Procedures for permanently abandoned wells. 
(A) All casing and materials may be removed 

prior to initiation of abandonment 
procedures if the Director finds such 
removal will not be responsible for, or 
contribute to, the contamination of an 
underground source of drinking water. 
Any casing not grouted in accordance with 
15A NCAC 2C .0113 shall be removed or 
properly grouted. 
(Bj The entire depth of the well shall be 
sounded before it is sealed to insure 
freedom from obstructions that may 
interfere with sealing operations. 

(C) The well shall be thoroughly disinfected, 
prior to sealing, if the Director determines 
that failure to do so could lead to the 
contamination of an underground source of 
drinking water. 

(D) Drilled wells shall be completely filled 
with cement grout, which shall be 
introduced into the well through a pipe 
which extends to the bottom of the well and 



is raised as the well is filled. "Bored" or 
hand-dug wells over 24 inches in diameter 
may be filled with an alternative material 
approved by the Director based on a 
demonstration of not adversely affecting 
human health or the environment. 

(E) In the case of gravel-packed wells in which 
the casing and screens have not been 
removed, neat-cement shall be injected into 
the well completely filling it from the 
bottom of the casing to the top. 

(F) In those cases when, as a result of the 
injection operations, a subsurface cavity 
has been created, the well shall be 
abandoned in such a manner that will 
prevent the movement of fluids into or 
between underground sources of drinking 
water and in accordance with the terms and 
conditions of the permit. 

(b) E.xploratory or test wells, constructed for the 
purposes of obtaining information regarding an injection 
well site, shall be permanently abandoned in accordance 
with Subparagraph (2) of this Rule upon completion of their 
exploratory or testing status. 

(c) An injection well shall be permanently abandoned by 
the drilling contractor before removing his equipment from 
the site if the well casing has not been installed or has been 
removed from the well bore. 

History Note: Authority G.S. 87-87; 87-88; 143-211; 

143-2] 5.1 A; 143-2 15. 3 (a)(1); 143-2 15. 3(c); 

Eff. August 1, 1982; 

Amended Eff. February I. 1997; October 1. 1996. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0300 - OCEAN HAZARD AREAS 

.0309 USE STANDARDS FOR OCEAN HAZARD 
AREAS: EXCEPTIONS 

(a) The following rv'pes of development may be permitted 
seaward of the oceanfront setback requirements of Rule 
.0306(a) of the Subchapter if all other provisions of this 
Subchapter and other state and local regulations are met: 

(1) campgrounds that do not involve substantial 
permanent structures; 

(2) parking areas with clay, packed sand or similar 
surfaces: 

(3) outdoor tennis courts; 

(4) elevated decks not exceeding a footprint of 500 
square feet; 

(5) beach accessways consistent with Rule .0308(c) of 
this Subchapter; 

(6) unenclosed, iminhabitable gazebos with a footprint 



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11:22 



APPROVED RULES 



of 200 square feet or less; 

(7) uninhabitable, single-story storage sheds with a 
footprint of 200 square feet or less; 

(8) temporary amusement stands; and 

(9) swimming pools. 

In all cases, this development shall only be permitted if it is 
landward of the vegetation line; involves no significant 
alteration or removal of primary or frontal dunes or the 
dune vegetation; has overwalks to protect any existing 
dunes; is not essential to the continued existence or use of 
an associated principal development; is not required to 
satisfy minimum requirements of local zoning, subdivision 
or health regulations; and meets all other non-setback 
requirements of this Subchapter. 

(b) Where strict application of the oceanfront setback 
requirements of Rule .0306(a) of this Subchapter would 
preclude placement of permanent substantial structures on 
lots existing as of June 1, 1979, single family residential 
structures may be permitted seaward of the applicable 
setback line in ocean erodible areas, but not inlet hazard 
areas, if each of the following conditions are met: 

(1) The development is set back from the ocean the 
maximum feasible distance possible on the 
existing lot and the development is designed to 
minimize encroachment into the setback area; 

(2) The development is at least 60 feet landward of 
the vegetation line; 

(3) The development is not located on or in front of 
a frontal dune, but is entirely behind the landward 
toe of the frontal dune; 

(4) The development incorporates each of the 
following design standards, which are in addition 
to those required by Rule .0308(d) of this 
Subchapter. 

(A) All pilings have a tip penetration that 
extends to at least four feet below mean sea 
level; 

(B) The footprint of the structure be no more 
than 1,000 square feet or 10 percent of the 
lot size, whichever is greater. 

(5) All other provisions of this Subchapter and other 
state and local regulations are met. If the 
development is to be serviced by an on-site waste 
disposal system, a copy of a valid permit for such 
a system must be submitted as part of the CAMA 
permit application. 

(c) Reconfiguration of lots and projects that have a 
randfather status under Paragraph (b) of this Rule shall be 
illowed provided that the following conditions are met: 

(1) Development is setback from the first line of 
stable natural vegetation a distance no less than 
that required by the applicable exception; 

(2) Reconfiguration will not result in an increase in 
the number of buildable lots within the Ocean 
Hazard AEC or have other adverse environmental 
consequences; and 

(3) Development on lots qualifying for the exception 



in Paragraph (b) of this Rule must meet the 
requirements of Paragraphs (1) through (5) of that 
Paragraph. 
For the purposes of this Rule, an existing lot is a lot or tract 
of land which, as of June 1, 1979, is specifically described 
in a recorded plat and which cannot be enlarged by 
combining the lot or tract of land with a contiguous lot(s) or 
tract(s) of land imder the same ownership. The footprint is 
defmed as the greatest exterior dimensions of the structure, 
including covered stairways, when extended to ground level. 

(d) The following types of water dependent development 
shall be permitted seaward of the oceanfront setback 
requirements of Rule .0306(a) of this Section if all other 
provisions of this Subchapter and other state and local 
regulations are met: 

(1) piers providing public access (excluding any pier 
house, office, or other enclosed areas); and 

(2) maintenance and replacement of existing state- 
owned bridges and causeways and accessways to 
such bridges. 

(e) Where application of the oceanfront setback 
requirements of Rule .0306(a) of this Section would 
preclude replacement of a pier house associated with an 
existing ocean pier, replacement of the pier house shall be 
permitted if each of the following conditions are met: 

(1) The associated ocean pier provides public access 
for fishing or other recreational purposes whether 
on a commercial, public, or nonprofit basis; 

(2) The pier house is set back from the ocean the 
maximum feasible distance while maintaining 
existing parking and sewage treatment facilities 
and is designed to reduce encroachment into the 
setback area; 

(3) The pier house shall not be enlarged beyond its 
original dimensions as of January 1, 1996; 

(4) The pier house shall be rebuilt to comply with all 
other provisions of this Subchapter; and 

(5) If the associated pier has been destroyed or 
rendered imusable, replacement of the pier house 
shall be permitted only if the pier is also being 
replaced and returned to its original function. 

History Note: Authority G.S. 113A-107(aj; 11 3A-1 07(b); 

113A-]13(b)(6)a; 113A-113(b)(6)b; 113A-113{b)(6)d: 

113A-124; 

Eff. February 2. 1981; 

Amended Eff. August 1. 1998; April 1. 1996; April 1. 1995; 

February 1. 1993; January 1, 1991; April 1, 1987. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .0100 - HANDLING: PACKING: AND 
SHIPPING OF CRUSTACEA MEAT 

.0134 DEFINITIONS 



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APPROVED RULES 



The following definitions shall apply throughout this 
Section; however, nothing in this Section shall be construed 
as expanding or restricting the definitions in G.S. 106-129 
and G.S. 106-130: 

(1) "Adulterated" as used in G.S. 106-129 means the 
following: 

(a) Any cooked Crustacea or Crustacea meat 
that have been picked, packed or repacked 
in a facility which has not been permitted 
by the Division in accordance with these 
Rules; 

(b) Any cooked Crustacea or Crustacea meat 
which exceed the bacteriological standards 
in Rule .0182 of this Section; 

(c) Any cooked Crustacea or Crustacea meat 
which has been deemed to be an imminent 
hazard. 

(2) "Code date" means the date conspicuously placed 
on the container to indicate the date that the 
product was packed. 

(3) "Cook" means to prepare or treat raw Crustacea 
by heating. 

(4) "Crustacea meat" means the meat of crabs, 
lobster, shrimp or crayfish. 

(5) "Division" means the Division of Environmental 
Health or its authorized agent. 

(6) "Food-contact surface" means the parts of 
equipment, including auxiliary equipment, which 
may be in contact with the food being processed, 
or which may drain into the portion of equipment 
with which food is in contact. 

(7) "Foreign" means any place or location outside the 
United States. 

(8) "Fresh Crustacea" means a live, raw or frozen 
raw crab, lobster, shrimp or crayfish which shows 
no decomposition. 

(9) "Imminent hazard" means a situation which is 
likely to cause an immediate threat to human life, 
an immediate threat of serious physical injury, an 
immediate threat of serious physical adverse 
health effects, or a serious risk of irreparable 
damage to the environment if no immediate action 
is taken. 

(10) "Internal temperature" means the temperature of 
the product as opposed to the ambient 
temperature. 

(11) "Misbranded" as used in G.S. 106-130 means the 
following: 

(a) Any container of cooked Crustacea or 
Crustacea meat which is not labeled with a 
valid identification number awarded by 
regulatory authority of the state or country 
of origin of the cooked Crustacea or 
Crustacea meat; or 

(b) Any container of cooked Crustacea or 
Crustacea meat which is not labeled as 
required by these Rules. 



(12) "Operating season" means the season of the year 
during which a Crustacea product is processed. 

(13) "Pasteurization" means the process of heating 
every particle of Crustacea meat in a 
hermetically-sealed 401 by 301 one pound 
container to a temperamre of at least 185° F (85 ° 
C) and holding it continuously at or above this 
temperature for at least one minute in properly 
operated equipment. The term includes any other 
process which has been found equally effective by 
the Division. 

(14) "Pasteurization date" means a code conspicuously 
placed on the container to indicate the date that 
the product was pasteurized. 

(15) "Processing" means any of the following 
operations when carried out in conjunction with 
the cooking of Crustacea or Crustacea meat: 
receiving, refrigerating, air-cooling, picking, 
packing, or pasteurizing. 

(16) "Repacker" means a facility which repacks cooked 
Crustacea meat processed by a North Carolina 
certified Crustacea facility into other containers. 

(17) "Responsible person" means the individual present 
in a cooked Crustacea facility who is the apparent 
supervisor of the cooked Crustacea facility at the 
time of the inspection. If no individual is the 
apparent supervisor, then any employee is the 
responsible person. 

(18) "Sanitize" means a bactericidal treatment by a 
process which meets the temperamre and chemical 
concentration levels in 15A NCAC 18A .2619. 

(19) "Standardization report" means a report tests 
which show that piece of equipment can produce 
time/temperature results as required by these 
Rules. 

History Note: Authority G.S. 106-129; 106-130; 

130A-230; 

Eff. October 1. 1992; 

Amended Eff. February 1, 1997. 

.0134 DEFINITIONS 

The following definitions shall apply throughout this 
Section; however, nothing in this Section shall be construed 
as expanding or restricting the definitions in G.S. 106-129 
and G.S. 106-130: 

(1) "Adulterated" as used in G.S. 106-129 means the 
following: 

(a) Any cooked Crustacea or Crustacea meat 
that does not comply with these Rules: 

(b) Any cooked Crustacea or Crustacea meat 
which exceeds the bacteriological standards 
in Rule .0182 of this Section; 

(c) Any cooked Crustacea or Crustacea meat 
which has been deemed to be an imminent 
hazard; 

(2) "Code date" means the date conspicuously placed 



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February 14, 1997 



11:22 



APPROVED RULES 



on the container to indicate the date that the 
product was packed. 

(3) "Cook" means to prepare or treat raw Crustacea 
by heating. 

(4) "Crustacea meat" means the meat of crabs, 
lobster, shrimp or crayfish. 

(5) "Division" means the Division of Environmental 
Health or its authorized agent. 

(6) "Food-contact surface" means the parts of 
equipment, including auxiliary equipment, which 
may be in contact with the food being processed, 
or which may drain into the portion of equipment 
with which food is in contact. 

(7) "Foreign" means any place or location outside the 
United States. 

(8) "Fresh Crustacea" means a live, raw or frozen 
raw crab, lobster, shrimp or crayfish which shows 
no decomposition. 

(9) "Imminent hazard" means a situation which is 
likely to cause an immediate threat to human life, 
an immediate threat of serious physical injury, an 
immediate threat of serious physical adverse 
health effects, or a serious risk of irreparable 
damage to the environment if no immediate action 
is taken. 

(10) "Internal temperature" means the temperature of 
the product as opposed to the ambient 
temperature. 

(11) "Misbranded" as used in G.S. 106-130 means any 
container of cooked Crustacea or Crustacea meat 
which is not labeled in compliance with these 
Rules. Any container of cooked Crustacea or 
Crustacea meat which is not labeled with a valid 
identification number awarded by regulatory 
authority of the state or country of origin of the 
cooked Crustacea or Crustacea meat. 

(12) "Operating season" means the season of the year 
during which a Crustacea product is processed. 

(13) "Pasteurization" means the process of heating 
every particle of Crustacea meat in a 
hermetically-sealed 401 by 301 one pound 
container to a temperamre of at least 1 85 ° F (85 ° 
C) and holding it continuously at or above this 
temperature for at least one minute in properly 
operated equipment. The term includes any other 
process which has been foimd equally effective by 
the Division. 

(14) "Pasteurization date" means a code conspicuously 
placed on the container to indicate the date that 
the product was pasteurized. 

(15) "Processing" means any of the following 
operations when carried out in conjunction with 
the cooking of Crustacea or Crustacea meat: 
receiving, refrigerating, air-cooling, picking, 
packing, repacking, thermal processing, or 
pasteurizing. 

(16) "Repacker" means a facility which repacks cooked 



Crustacea meat into other containers. 

(17) "Responsible person" means the individual present 
in a cooked Crustacea facility who is the apparent 
supervisor of the cooked Crustacea facility at the 
time of the inspection. If no individual is the 
apparent supervisor, then any employee is the 
responsible person. 

(18) "Sanitize" means a bactericidal treatment by a 
process which meets the temperamre and chemical 
concentration levels in 15 A NCAC 18A .2619. 

(19) "Standardization report" means a report tests 
which show that piece of equipment can produce 
time/temperature results as required by these 
Rules. 

(20) "Thermal processing" means the heating of 
previously cooked Crustacea or Crustacea meat to 
a desired temperature for a specified time in 
properly operated equipment. 

History Note: Authority G.S. 106-129; 106-130; 

130A-230; 

Eff. October 1. 1992; 

Amended Eff. August 1. 1998; February 1, 1997. 

.0168 SINGLE-SERVICE CONTAINERS 

(a) Single-service containers used for packing cooked 
Crustacea and Crustacea meat shall be made from food safe 
materials approved by the United States Food and Drug 
Administration. 

(b) Containers shall not be reused for packing cooked 
Crustacea and Crustacea meat. 

(c) No person shall use containers bearing a permit 
number other than the number assigned to the facility. 

(d) Each container shall be legibly impressed, embossed 
or lithographed with the name and address of the original 
packer, repacker or distributor. The original packer's or 
repacker's permit number preceded by the state abbreviation 
shall be legibly impressed, embossed or lithographed on 
each container. 

(e) Each container shall be permanently and legibly 
identified with a code date. 

(0 AH containers shall be stored and handled in 
accordance with these Rules, sanitized by a procedure as 
stated in Rule .0157 of this Section and drained prior to 
filling. 

(g) Effective April 1, 1993, all containers shall be sealed 
so that tampering can be detected. 

History Note: Authority G.S. 130A-230; 
Eff. October 1. 1992; 
Amended Eff. February 1, 1997. 

.0168 SINGLE-SERVICE CONTAINERS 

(a) Single-service containers used for packing or 
repacking cooked Crustacea and Crustacea meat shall be 
made from food safe materials approved by the United 
States Food and Drug Administration. 



11:22 



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February 14, 1997 



1731 



APPROVED RULES 



(b) Containers shall not be reused for packing or 
repacking cooked Crustacea and Crustacea meat. 

(c) No person shall use containers bearing a permit 
number other than the number assigned to the facility. 

(d) Each container or lid shall be legibly impressed, 
embossed or lithographed with the name and address of the 
original packer, repacker or distributor. The original 
packer's or repacker's permit number preceded by the state 
abbreviation shall be legibly impressed, embossed or 
lithographed on each container or lid. 

(e) Each container or lid shall be permanently and legibly 
identified with a code date. 

(f) All contamers and lids shall be stored and handled in 
accordance with these Rules, sanitized by a procedure as 
stated in Rule .0157 of this Section and drained prior to 
filling. 

(g) All containers shall be sealed so that tampering can 
be detected. The words "Sealed For Your Protection" or 
equivalent shall be prominently displayed on the container 
or lid. 

Histon Note: Authority G.S. 130A-230; 

Eff. October 1, 1992: 

Amended Eff. August 1, 1998; February 1. 1997. 

.0182 BACTERIOLOGICAL AND 

CONTAMINATION STANDARDS 

(a) Cooked Crustacea or Crustacea meat shall not exceed 
Escherichia coli Most Probable Number (MPN) of 36 per 
100 grams of sample or exceed a standard plate count of 
100,000 per gram. 

(b) Pasteurized Crustacea meat shall contain no 
Escherichia coli or fecal coliform. Samples of pasteurized 
Crustacea meat, taken within 24 hours of pasteurizing, shall 
not have a standard plate count of more than 3,000 per 
gram. 

(c) Cooked Crustacea or Crustacea meat shall not be 
handled in a manner to make it an imminent hazard. 

(d) Cooked Crustacea or Crustacea meat found not 
complying with the standards as stated in Paragraph (a), (b), 
(c) or (d) of this Rule may be deemed adulterated by the 
Division. 

History Note: Authority G.S. 130A-230: 
Eff. October 1, 1992: 
Amended Eff. February 1. 1997. 



gram. 

(c) Thermally processed Crustacea or Crustacea meat shall 
not exceed Escherichia coli MPN of 36 per 100 grams of 
sample or exceed a standard plate count of 100,000 per 
gram. 

(d) Cooked Crustacea or Crustacea meat shall not be 
handled in a marmer to make it an imminent hazard. 

(e) Cooked Crustacea or Crustacea meat found not 
complying with the standards as stated in Paragraph (a), (b), 
(c) or (d) of this Rule may be deemed adulterated by the 
Division. 

History Note: Authority G.S. 130A-230; 

Eff. October 1, 1992: 

Amended Eff. August 1. 1998: February 1, 1997. 

.0183 ALTERNATIVE LABELING 

A durable label, permanently affixed to the container may 
be used to meet any labeling requirement in this Section. 



History Note: 
Eff. August 1, 



.0187 



Authority G.S. 130A-230; 
1998. 



EVTERFACILITY THERMAL PROCESSING 
PROCEDURES 

Interfacility thermal processing of Crustacea or Crustacea 
meat shall be in conjunction with the following: 

(1) Crustacea or Crustacea meat shall be packed, 
labeled and refrigerated in compliance with Rules 
.0134 through .0187 of this Section. Records 
shall be maintained to identify each batch of 
Crustacea or Crustacea meat thermally processed. 

(2) Crustacea or Crustacea meat shall be shipped in an 
enclosed, easily cleanable vehicle at a temperature 
between 33° F (0.5° C) and 40° F (4.4° C). 

(3) Crustacea or Crustacea meat shall be thermally 
processed in compliance with Rules .0184 through 
.0187 of this Section. The thermal processor 
shall provide a copy of each thermal processing 
chart to the original packer. 

History Note: Authority' G.S. 130A-230; 
Eff. August 1. 1998. 

SECTION .0300 - SANITATION OF SHELLnSH - 
GENERAL 



.0182 BACTERIOLOGICAL AND 

CONTAMINATION STANDARDS 

(a) Cooked Crustacea or Crustacea meat shall not exceed 
Escherichia coli Most Probable Number (MPN) of 36 per 
100 grams of sample or exceed a standard plate count of 
100,000 per gram. 

(b) Pasteurized Crustacea meat shall contain no 
Escherichia coli or fecal coliform. Samples of pasteurized 
Crustacea meat, taken within 24 hours of pasteurizing, shall 
not have a standard plate count of more than 3,000 per 



.0301 DEFINITIONS 

The following definitions shall apply throughout 
Subchapter: 

(1) "Adulterated" means the following: 

(a) Any shellfish that have been harvested 
from prohibited areas; 

(b) Any shellfish that have been shucked, 
packed, or otherwise processed in a plant 
which has not been permitted by the 
Division in accordance with these Rules; 



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APPROVED RULES 



(c) Any shellfish which exceed the 
bacteriological standards in Rule .0430 of 
this Subchapter; 

(d) Any shellfish which are deemed to be an 
imminent hazard. 

(2) "Approved area" means an area determined 
suitable for the harvest of shellfish for direct 
market purposes. 

(3) "Bulk shipment" means a shipment of loose 
shellstock. 

(4) "Buy boat or buy truck" means any boat which 
complies with Rule .0419 of this Subchapter or 
truck which complies with Rule .0420 of this 
Subchapter that is used by a person permitted 
imder these Rules to transport shellstock from one 
or more harvesters to a facility permitted under 
these Rules. 

(5) "Depuration" means mechanical purification or 
the removal of adulteration from live shellstock by 
any artificially controlled means. 

(6) "Depuration facility" means the physical structure 
wherein depuration is accomplished, including all 
the appurtenances necessary to the effective 
operation thereof. 

(7) "Division" means the Division of Environmental 
Health or its authorized agent. 

(8) "Heat shock process" means the practice of 
heating shellstock to facilitate removal of the 
shellfish meat from the shell. 

(9) "Imminent hazard" means a situation which is 
likely to cause an immediate threat to human life, 
an immediate threat of serious physical injury, an 
immediate threat of serious physical adverse 
health effects, or a serious risk of irreparable 
damage to the enviroiunent if no immediate action 
is taken. 

(10) "Misbranded" means the following: 

(a) Any shellfish which are not labeled with a 
valid identification number awarded by 
reguJatory authority of the state or territory 
of origin of the shellfish; or 

(b) Any shellfish which are not labeled as 
required by these Rules. 

(11) "Operating season" means the season of the year 
during which a shellfish product is processed. 

(12) "Person" means an individual, corporation, 
company, association, partnership, unit of 
government or other legal entity. 

(13) "Prohibited area" means an area imsuitable for the 
harvesting of shellfish for direct market purposes. 

(14) "Recall procedure" means the detailed procedure 
the permitted dealer will use to retrieve product 
from the market when it is determined that the 
product may not be safe for human consumption 
as determined by the State Health Director. 

(15) "Relaying or transplanting" means the act of 
removing shellfish from one growing area or 



shellfish grounds to another area or ground for 
any purpose. 

(16) "Repacking plant" means a shipper, other than the 
original shucker-packer, who repacks shucked 
shellfish into containers for delivery to the 
consumer. 

(17) "Reshipper" means a shipper who ships shucked 
shellfish in original containers, or shellstock, from 
permitted shellstock dealers to other dealers or to 
consumers. 

(18) "Sanitary survey" means the evaluation of factors 
having a bearing on the sanitary quality of a 
shellfish growing area including sources of 
pollution, the effects of wind, tides and currents 
in the distribution and dilution of polluting 
materials, and the bacteriological quality of water. 

(19) "Sanitize" means a bactericidal treatment by a 
process which meets the temperamre and chemical 
concentration levels in 15A NCAC 18A .2619. 

(20) "SELL BY date" means a date conspicuously 
placed on a container or tag by which a consumer 
is informed of the latest date the product will 
remain suitable for sale. 

(21) "Shellfish" means oysters, mussels, scallops and 
all varieties of clams. However, the term shall 
not include scallops when the final product is the 
shucked adductor muscle only. 

(22) "Shellstock" means any shellfish which remain in 
their shells. 

(23) "Shellstock conveyance" means all trucks, 
trailers, or other conveyances used to transport 
shellstock. 

(24) "Shellstock dealer" means a person who buys, 
sells, stores, or transports or causes to be 
transported shellstock which was not obtained 
from a person permitted under these Rules. 

(25) "Shellstock plant" means any establishment where 
shellstock are washed, packed, or otherwise 
prepared for sale. 

(26) "Shucking and packing plant" means any 
establishment or place where shellfish are shucked 
and packed for sale. 

(27) "Wet storage" means the temporary placement of 
shellstock from approved sources, in approved 
natural sea water. 

History Note: Authority G.S. 130A-230: 

Eff. February 1, 1987; 

Amended Eff. February 1, 1997: January 4. 1994: 

September I, 1990; December 1. 1987. 

.0301 DEFINITIONS 

The following definitions shall apply throughout Sections 
.0300 to .0900 of this Subchapter: 

(1) "Adulterated" means the following: 

(a) Any shellfish that have been harvested 
from prohibited areas; 



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February 14, 1997 



1733 



APPROVED RULES 



(b) Any shellfish that have been shucked, 

packed, or otherwise processed in a plant (14) 

which has not been permitted by the 

Division in accordance with these Rules; (15) 

(c) Any shellfish which exceed the 
bacteriological standards in Rule .0430 of 
this Subchapter; 

(d) Any shellfish which are deemed to be an 
imminent hazard; (16) 

(2) "Approved area" means an area determined 
suitable for the harvest of shellfish for direct 
market purposes. 

(3) "Bulk shipment" means a shipment of loose (17) 
shellstock. 

(4) "Bu>' boat or buy truck" means any boat which 
complies with Rule .0419 of this Subchapter or 

truck which complies with Rule .0420 of this (18) 

Subchapter that is used by a person permitted 

imder these Rules to transport shellstock from one 

or more harvesters to a facility permitted under 

these Rules. (19) 

(5) "Cenification number" means the number 
assigned by the state shellfish control agency to 
each certified shellfish dealer. It consists of a one 
to five digit number preceded by the two letter 
state abbreviation and followed by the two letter 

symbol designating the type of operation certified. (20) 

(6) "Depuration" means mechanical purification or 
the removal of adulteration from live shellstock by 

any artificially controlled means. (21) 

(7) "Depuration facility" means the physical structure 
wherein depuration is accomplished, including all 
the appunenances necessary to the effective 
operation thereof. (22) 

(8) "Division" means the Division of Environmental 
Health or its authorized agent. 

(9) "Heat shock process" means the practice of 

heating shellstock to facilitate removal of the (23) 

shellfish meat from the shell. 

(10) "Imminent hazard" means a situation which is (24) 
likely to cause an immediate threat to human life, 

an immediate threat of serious physical injury, an 
immediate threat of serious physical adverse (25) 

health effects, or a serious risk of irreparable 
damage to the environment if no immediate action 
is taken. 

(11) "Misbranded" means the following: (26) 

(a) Any shellfish which are not labeled with a 
valid identification number awarded by 
regulator)' authority of the state or territory (27) 
of origin of the shellfish; or 

(b) Any shellfish which are not labeled as 
required by these Rules. (28) 

(12) "Operating season" means the season of the year 
during which a shellfish product is processed. 

(13) "Person" means an individual, corporation, 
company, association, partnership, unit of 



government or other legal entity. 

"Prohibited area" means an area unsuitable for the 

harvesting of shellfish for direct market purposes. 

"Recall procedure" means the detailed procedure 

the permitted dealer will use to retrieve product 

from the market when it is determined that the 

product may not be safe for human consumption 

as determined by the State Health Director. 

"Relaying or transplanting" means the act of 

removing shellfish from one growing area or 

shellfish grounds to another area or ground for 

any purpose. 

"Repacking plant" means a shipper, other than the 

original shucker-packer, who repacks shucked 

shellfish into containers for delivery to the 

consumer. 

"Reshipper" means a shipper who ships shucked 

shellfish in original containers, or shellstock, from 

permitted shellstock dealers to other dealers or to 

consumers. 

"Sanitar)' survey" means the evaluation of factors 

having a bearing on the sanitary quality of a 

shellfish growing area including sources of 

pollution, the effects of wind, tides and currents 

in the distribution and dilution of polluting 

matenals, and the bacteriological quality of water. 

"Sanitize" means the a bactericidal treatment by a 

process which meets the temperamre and chemical 

concentration levels in 15A NCAC 18A .2619. 

"SELL BY date" means a date conspicuously 

placed on a container or tag by which a consumer 

is informed of the latest date the product will 

remain suitable for sale. 

"Shellfish" means oysters, mussels, scallops and 

all varieties of clams. However, the term shall 

not include scallops when the final product is the 

shucked adductor muscle only. 

"Shellstock" means any shellfish which remain in 

their shells. 

"Shellstock conveyance" means all trucks, 

trailers, or other conveyances used to transport 

shellstock. 

"Shellstock dealer" means a person who buys, 

sells, stores, or transports or causes to be 

transported shellstock which was not obtained 

from a person permitted under these Rules. 

"Shellstock plant" means any establishment where 

shellstock are washed, packed, or otherwise 

prepared for sale. 

"Shucking and packing plant" means any 

establishment or place where shellfish are shucked 

and packed for sale. 

"Wet storage" means the temporary placement of 

shellstock from approved areas, in containers or 

floats in natural bodies of water or in tanks 

containing natural sea water. 



1734 



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11:22 



APPROVED RULES 



History Note: Authority G.S. 130A-230; 
Eff. February 1. 1987; 

Amended Eff. August 1, 1998; February 1, 1997; 
January 4, 1994; September 1, 1990; 
December 1, 1987. 

SECTION .0400 - SANITATION OF SHELLFISH - 
GENERAL OPERATION STANDARDS 

.0421 DAILY RECORD 

All permitted persons who conduct any business of 
buying, selling, or shipping shellfish shall keep an accurate, 
daily record which shall show the names and addresses of 
all persons from whom shellfish are received, the location 
of the source of shellfish, and the names and addresses of 
all persons to whom shellfish are sold or shipped. These 
records shall be recorded and shall be kept on file for one 
year. All records shall be open to inspection by the 
Division at any time during business hours. 

History Note: Authority G.S. 130A-230; 
Eff. February 1. 1987; 
Amended Eff. August 1, 1998. 

SECTION .0600 - OPERATION OF SHELLFISH 

SHUCKING AND PACKING PLANTS AND 

REPACKING PLANTS 

.0614 CONTAINERS 

(a) Containers used for transporting shucked shellfish 
shall be made from food safe materials approved by the 
United States Food and Drug Administration. These 
containers shall not be reused for packing shellfish. 

(b) Shucked shellfish shall be packed and shipped in 
approved containers, sealed so that tampering can be 
detected. Each individual container shall have permanently 
recorded on the container, so as to be conspicuous, the 
shucker-packer's, repacker's, or distributor's name and 
address, and the shucker-packer's or repacker's permit 
number preceded by the state abbreviation. 

(c) Any container of shucked shellfish which has a 
capacity of 64 fluid ounces shall be dated as of the date 
shucked on both the lid and sidewall or bottom. Any 
container of shucked shellfish which has a capacity of 64 
fluid ounces or less shall indicate a SELL BY date. 

(d) No person shall use containers bearing a permit 
number other than the number assigned to him. 

History Note: Authority G.S. 130A-230; 

Eff. February 1, 1987; 

Amended Eff. February 1, 1997; December 1, 1987. 

.0618 HEAT SHOCK METHOD OF 

PREPARATION OF SHELLHSH 

(a) Facilities. If a shucking and packing plant uses the 
heat shock process, it shall be done in an separate room 
adjacent to the shellstock storage room and the shucking 



room. 

(b) Tank construction. The heat shock tank shall be 
constructed of smooth, non-corrosive metal, designed to 
drain quickly and completely and to be easily and 
thoroughly cleaned. 

(c) Booster heaters. All heat shock tanks shall be 
equipped with booster heaters that are thermostatically 
controlled. 

(d) Shellstock washing. All shellstock subjected to the 
heat shock process shall be thoroughly washed with flowing 
potable water immediately prior to the heat shock operation. 

(e) Water temperature. During the heat shock process 
the water shall be maintained at not less than 145°F (63°C) 
or more than 150°F (65°C). An accurate thermometer shall 
be available and used to determine the temperature during 
the heat shock process. All water shall be completely 
drained from heat shock tanks and the tanks cleaned at least 
once in each three hour operational period or more often if 
necessary. 

(0 Time requirements. Shellstock subjected to the heat 
shock process shall not be immersed in the heat shock water 
longer than three and one half minutes. An accurate timing 
device shall be available and used to determine the 
immersion time. 

(g) Alternatives to heat shock method. Nothing in these 
Rules shall be construed to prohibit any other process which 
has been found equally effective. 

(h) Water requirements. At least eight gallons of heat 
shock water shall be maintained in the tank for each one 
half bushel of shellstock being treated. All water used in 
the heat shock process shall be from a source approved by 
the Division under Rule .0913 of this Subchapter. 

(i) Cooling. Immediately after the heat shock process, 
all treated shellstock shall be subjected to a cool-down with 
potable tap water. All heat shocked shellstock shall be 
handled in a maimer to prevent adulteration of the product. 
Shellfish which have been subjected to the heat shock 
process shall be cooled to an internal temperature of 45°F 
(7°C) or below within two hours after this process and shall 
be placed in storage at 32° - 40°F (0° - 4°C). 

(j) Cleaning. At the close of each day's operation, the 
heat shock tank shall be completely emptied of all water, 
mud, detritus, and thoroughly cleaned and then rinsed with 
flowing potable water. 

(k) Sanitizing. All heat shock tanks shall be sanitized 
immediately before starting each day's operation. 

(1) Records. All time and temperature records of heat 
shock processes shall be kept and maintained on file for one 
year. 

History Note: Authority G.S. 130A-230; 

Eff. February 1, 1987; 

Amended Eff. February 1, 1997; September 1, 1990. 

SECTION .0900 - CLASSIFICATION OF 
SHELLnSH GROWING WATERS 



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1735 



APPROVED RULES 



.0901 

The 
Section 
(1) 



(2) 



(3) 



(4) 



(5) 

(6) 

(7) 

(8) 
(9) 



(10) 



(11) 



(12) 

(13) 
(14) 
(15) 

(16) 



DEFINITIONS 

following definitions shall apply throughout this 

"Approved area" means an area determined 

suitable for the harvesting of shellfish for direct 

market purposes. 

"Closed - system marina" means a marina 

constructed in canals, basins, tributaries or any 

other area with restricted tidal flow. 

"Commercial marina" means marinas that offer 

one or more of the following services: fuel, 

transient dockage, haul-out facilities, or repair 

services. 

"Conditionally approved area" means an area 

subject to predictable intermittent pollution that 

may be used for harvesting shellfish for direct 

market purposes when management plan criteria 

are met. 

"Depuration" means mechanical purification or 

the removal of adulteration from live shellstock by 

any artificially controlled method. 

"Division" means the Division of Environmental 

Health or its authorized agent. 

"Fecal coliform" means bacteria of the coliform 

group which will produce gas from lactose in a 

multiple tube procedure liquid medium (EC or 

A-1) within 24 plus or minus two hours at 44.5 °C 

plus or minus 0.2°C in a water bath. 

"Growing waters" means waters which support or 

could support shellfish life. 

"Marina" means any water area with a structure 

(dock, basin, floating dock, etc.) which is utilized 

for docking or otherwise mooring vessels and 

constructed to provide temporary or permanent 

docking space for more than ten boats. 

"Marine biotoxins" means a poisonous substance 

accumulated by shellfish feeding upon 

dinofiagellates containing toxins. 

"Most probable number (MPN)" means a 

statistical estimate of the number of bacteria per 

unit volume and is determined from the number 

of positive results in a series of fermentation 

tubes. 

"Open - system marina" means a marina 

constructed in an area where tidal currents have 

not been impeded by natural or man-made 

barriers. 

"Private marina" means any marina that is not a 

commercial marina as defined in these Rules. 

"Prohibited area" means an area unsuitable for the 

harvesting of shellfish for direct market purposes. 

"Public health emergency" means any condition 

that may immediately cause shellfish waters to be 

unsafe for the han'est of shellfish for human 

consumption. 

"Relaying" means the act of removing shellfish 

from one growing area or shellfish grounds to 



another area or ground for any purpose. 

(17) "Restricted area" means an area from which 
shellfish may be harvested only by permit and 
subjected to an approved depuration process or 
relayed to an approved area. 

(18) "Sanitary survey" means the evaluation of factors 
that affect the sanitary quality of a shellfish 
growing area including sources of pollution, the 
effects of wind, tides and currents in the 
distribution and dilution of polluting materials, 
and the bacteriological quality of water. 

(19) "Shellfish" means oysters, mussels, and all 
varieties of clams. 

(20) "Shoreline survey" means a visual inspection of 
the environmental factors that affect the sanitary 
quality of a growing area and identifies sources of 
pollution when possible. 

Histon- Note: Authorin G.S. 130A-230: 

Eff. June 1, 1989: 

Amended Eff. February 1. 1997: September 1, 1990. 



.0901 

The 
Section 
(1) 



(2) 
(3) 



(4) 



(5) 

(6) 
(7) 



(8) 
(9) 



DEFINITIONS 

following definitions shall apply throughout this 

"Approved area" means an area determined 

suitable for the harvesting of shellfish for direct 

market purposes. 

"Closed - system marina" means a marina 

constructed in canals, basins, tributaries or any 

other area with restricted tidal flow. 

"Commercial marina" means marinas that offer 

one or more of the following services: fuel, 

transient dockage, haul-out facilities, or repair 

services. 

"Conditionally approved area" means an area 

subject to predictable intermittent pollution that 

may be used for harvesting shellfish for direct 

market purposes when management plan criteria 

are met. 

"Depuration" means mechanical purification or 

the removal of adulteration from live shellstock by 

any artificially controlled method. 

"Division" means the Division of Environmental 

Health or its authorized agent. 

"Fecal coliform" means bacteria of the coliform 

group which will produce gas from lactose in a 

multiple tube procedure liquid medium (EC or 

A-1) within 24 plus or minus two hours at 44.5 °C 

plus or minus 0.2°C in a water bath. 

"Growing waters" means waters which support or 

could support shellfish life. 

"Marina" means any water area with a structure 

(dock, basin, floating dock, etc.) which is utilized 

for docking or otherwise mooring vessels and 

constructed to provide temporary or permanent 

docking space for more than 10 boats. 



1736 



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February 14, 1997 



11:22 



APPROVED RULES 



(10) "Marine biotoxins" means a poisonous substance 
accumulated by shellfish feeding upon 
dinoflagellates containing toxins. 

(11) "Most probable number (MPN)" means a 
statistical estimate of the number of bacteria per 
unit volume and is determined from the number 
of positive results in a series of fermentation 
tubes. 

(12) "Open - system marina" means a marina 
constructed in an area where tidal currents have 
not been impeded by natural or man-made 
barriers. 

(13) "Private marina" means any marina that is not a 
commercial marina as defined in this Rule. 

(14) "Prohibited area" means an area unsuitable for the 
harvesting of shellfish for direct market purposes. 

(15) "Public health emergency" means any condition 
that may immediately cause shellfish waters to be 
unsafe for the harvest of shellfish for human 
consumption. 

(16) "Relaying" means the act of removing shellfish 
from one growing area or shellfish grounds to 
another area or ground for any purpose. 

(17) "Restricted area" means an area from which 
shellfish may be harvested only by permit and 
subjected to an approved depuration process or 
relayed to an approved area. 

(18) "Sanitary survey" means the evaluation of factors 
that affect the sanitary quality of a shellfish 
growing area including sources of pollution, the 
effects of wind, tides and currents in the 
distribution and dilution of polluting materials, 
and the bacteriological quality of water. 

(19) "Shellfish" means oysters, mussels, scallops and 
all varieties of clams. However, the term shall 
not include scallops when the final product is the 
shucked adductor muscle only. 

(20) "Shoreline survey" means a visual inspection of 
the environmental factors that affect the sanitary 
quality of a growing area and identifies sources of 
pollution when possible. 



Histon' Note: Authority G.S. 130A-230; 
Eff. June 1. 1989: 

Amended Eff. August I, 1998: February 1, 
September 1, 1990. 



1997; 



SECTION .1300 - SANITATION OF HOSPITALS: 

NURSING AND REST HOMES: SANITARIUMS: 

EDUCATIONAL AND OTHER INSTITUTIONS 

.1301 DEFINITIONS 

The following definitions shall apply throughout this 

Section in the interpretation and enforcement of this Section; 

(1) "Institution" includes the following establishments 

providing room or board and for which a license 

or certificate of payment must be obtained from 



(2) 



(3) 



(4) 



(5) 



(6) 



(7) 



the Department of Human Resources, other than 
those operated exclusively by the State of North 
Carolina: 

(a) hospital, as defined in G.S. 131E-76 
including doctors' clinics with food 
preparation facilities; 

(b) nursing home, as defined in G.S. 
131E-101; 

(c) sanitarium, sanatorium, and any similar 
establishment, other than hospital and 
nursing home, for the recuperation and 
treatment of 13 or more persons suffering 
from physical or mental disorders; 

(d) rest home, providing custodial care on a 
24-hour basis for 13 or more persons, 
including homes for the aged; 

(e) orphanage, or children's home providing 
care on a 24-hour basis for 13 or more 
children; 

(0 educational institution, providing dormitory 
or similar living quarters and meals in 
whole or in part to students, faculty, or 
others in attendance, including boarding 
schools and colleges; 
However, the term shall not include a child day 
care facility or a residential care facility as 
defined in 15A NCAC 18A .1600. 
"Department of Environment, Health, and Natural 
Resources" shall mean the Secretary, or his 
authorized representative. 
"Local health director" shall mean local health 
director as defined in G.S. 130A-2(6) or his 
authorized representative. 
"Sanitarian" shall mean a person authorized to 
represent the Department on the local or state 
level in making inspections pursuant to state laws 
and regulations. 

"Person" shall mean an individual, firm, 
association, organization, partnership, business 
trust, corporation, or company. 
"Potentially hazardous food" means any food or 
ingredient, namral or synthetic, in a form capable 
of supporting the growth of infectious or toxigenic 
microorganisms, including Clostridium botulinum. 
This term includes raw or heat treated foods of 
animal origin, raw seed sprouts, and treated foods 
of plant origin. The term does not include foods 
which have a pH level of 4.6 or below or a water 
activity (Aw) value of 0.85 or less. 
"Sanitize" means a bactericidal treatment which 
meets the temperamre and chemical concentration 
levels in 15A NCAC 18A .2619. 



History Note: Authority G.S. 130A-235: 
Eff. February 1, 1976: 
Readopted Eff. December 5, 1977: 
Amended Eff. February 1, 1997: September 1, 



1990: 



11:22 



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February 14, 1997 



1737 



APPROVED RULES 



March 1. 1988. 

.1301 DEFINITIONS 

The following definitions shall apply throughout this 
Section in the interpretation and enforcement of this Section: 

(1) "Instioition" includes the following establishments 
providing room or board and for which a license 
or certificate of payment must be obtained from 
the Department of Human Resources, other than 
those operated exclusively by the State of North 
Carolina: 

(a) hospital, as defined in G.S. 131E-76 
including doctors' clinics with food 
preparation facilities; 

(b) nursing home, as defined in G.S. 
131E-10I; 

(c) sanitarium, sanatorium, and any similar 
establishment, other than hospital and 
nursing home, for the recuperation and 
treatment of 13 or more persons suffering 
from physical or mental disorders; 

(d) rest home, providing custodial care on a 
24-hour basis for 13 or more persons, 
including homes for the aged; 

(e) orphanage, or children's home providing 
care on a 24-hour basis for 13 or more 
children. However, the term shall not 
include a child day care facility or a 
residential care facility as defined in 15A 
NCAC 18A .1600. 

(2) "Department of Environment, Health, and Natural 
Resources" shall mean the Secretary, or his 
authorized representative. 

(3) "Local health director" shall mean local health 
director as defined in G.S. 130A-2(6) or his 
authorized representative. 

(4) "Sanitarian" shall mean a person authorized to 
represent the Department on the local or state 
level in making inspections pursuant to state laws 
and regulations. 

(5) "Person" shall mean an individual, firm, 
association, organization, partnership, business 
trust, corporation, or company. 

(,6) "Potentially hazardous food" means any food or 
ingredient, natural or synthetic, in a form capable 
of supporting the growth of infectious or toxigenic 
microorganisms, including Clostridium botulinum. 
This term includes raw or heat treated foods of 
animal origin, raw seed sprouts, and treated foods 
of plant origin. The term does not include foods 
which have a pH level of 4.6 or below or a water 
activity (Aw) value of 0.85 or less. 

(7) "Sanitize" means a bactericidal treatment which 
meets the temperature and chemical concentration 
levels in 15A NCAC 18A .2619. 

Histon- Note: Authorm G.S. 130A-235: 



Eff. February I, 1976: 
Readopted Eff. December 5, 1977; 
Amended Eff. August 1, 1998; February 1, 
September 1. 1990; March 1. 1988. 



1997; 



.1319 BEDROOM AND LOBBY FURNISHINGS 

(a) All furniture, bed springs, mattresses, draperies, 
curtains, shades, Venetian blinds, or other furnishings shall 
be kept clean and in good repair. 

(b) Clean bed linen in good repair shall be provided for 
each individual and shall be changed when soiled. Clean 
linen shall be stored and handled in a separate room or area, 
or in another manner that will prevent contamination of 
clean linen. Soiled linen shall be stored and handled in such 
a manner as not to spread contamination, as by the use of 
closed hampers. 

(c) The provisions regarding linen do not apply to 
educational institutions in which linens are provided by 
students. 

History Note: Authority G.S. 130A-235; 

Eff. Febmary 1. 1976; 

Readopted Eff. December 5. 1977; 

Amended Eff. February 1. 1997; September 1, 1990. 



TITLE 17 - DEPARTMENT OF REVENUE 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER IC - GENERAL ADMINISTRATION 

SECTION .0500 - FORM OF PAYMENT 

.0506 VOLUNTARY EFT PROGRAM 
PARTICIPATION 

(a) The following taxpayers not subject to remittance 
provisions of 17 NCAC IC .0504 may elect to participate 
in the EFT Program on or after January 1, 1995: 

(1) Taxpayers required to file returns and pay 
Withholding of Income Taxes from wages of 
individuals under Article 4A. 

(2) Ta.xpayers required to remit installment payments 
of Estimated Corporate Income Tax under 
Chapter 105 Article 4C. 

(3) Taxpayers who remit Alcoholic Beverage Excise 
Taxes payable under Chapter 105 Article 2C. 

(4) Taxpayers who remit Utility Sales Tax payable 
under the provisions of G.S. 105-164.4 (a)(4c). 

(5) Taxpayers who remit Utility Franchise Tax 
payable under G.S. 105-116 or G.S. 105-120, 
excluding telephone companies who remit less 
than three thousand dollars (53,000.00) per 
month. 

(6) Taxpayers who remit Sales and Use Tax under 
G.S 105-164. 16(b). 

(7) Taxpayers who remit Motor Fuels Taxes levied 



1738 



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11:22 



APPROVED RULES 



under Chapter 105 Article 36C and 36D. 

(8) Taxpayers who remit Tobacco Products Tax 
levied under Chapter 105 Article 2A. 

(9) Taxpayers who remit Soft Drink Tax levied under 
Chapter 105 Article 2B. 

(10) Taxpayers who remit Insurance Taxes levied 
under Chapter 105 Article 8B. 

(b) Taxpayers electing to voluntarily participate in the 
EFT Program shall complete and return Form AC-EFT- 
lOOV, Electronic Funds Transfer Authorization Agreement 
for Voluntary Participants. 

(c) Taxpayers who elect to participate in the EFT 
Program shall remit payments electronically for a minimum 
of twelve consecutive months. A taxpayer may withdraw 
from the EFT Program after 12 months by giving the 
Department 45 days written notice. 

(d) Taxpayers who elect to participate in the EFT 
Program shall be subject to the penalty provisions stated in 
G.S. 105-236 (la) and (lb). 

(e) Taxpayers electing to participate in the EFT Program 
shall be subject to the same rules as taxpayers subject to the 
remittance provisions of 17 NCAC IC .0504. 

History Note: Authority G.S. 105-241: 105-262; 105-236: 
Eff. October 1. 1993: 

Amended Eff. March 1. 1995; November 1, 1994; 
Temporary Amendment Eff. December 20, 1995. 
Amended Eff. Ml L 1998; March L 1997 . 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR VEfflCLES 

SUBCHAPTER 3E - INTERNATIONAL 
REGISTRATION PLAN (IRP) SECTION 



deposit may be reissued each year in an amount 

equal to the fees for the years remaining on the 

agreement. 

(b) Copies of the trailer registration plate agreement are 

available from the International Registration Plan Section, 

Division of Motor Vehicles, 1425 Rock Quarry Road, 

Raleigh, NC 27610. 

History Note: Statutory Authority G.S. 20-39; 20-63; 

20-87(9); 20-88; 

Eff. November 1. 1991; 

Amended Eff. April 30. 1997; December 1, 1993. 



TITLE 21 - OCCUPATIONAL LICENSEVG 
BOARDS 

CHAPTER 58 - REAL ESTATE COMMISSION 

SUBCHAPTER 58A - REAL ESTATE BROKERS 
AND SALESMEN 

SECTION .0300 - APPLICATION FOR LICENSE 

.0302 HLING AND FEES 

(a) Completed applications must be received in the 
Commission's office or postmarked not later than the filing 
date established by the executive director for a scheduled 
examination and must be accompanied by the appropriate 
fee. A filing date shall be no more than 40 days prior to a 
scheduled examination. Once the application has been filed 
and processed, the application fee may not be refunded. 

(b) The following fees shall be charged: 

(1) application for new broker license $30.00, 

(2) application for new salesman license S3Q.00. 

For the purposes of this Section, the term, broker, shall 
refer to both an individual and a business entity. 



SECTION .0400 - INTERNATIONAL 
REGISTRATION PLAN 

.0403 LICENSE PERIOD FOR TRAILER PLATE 

(a) G.S. 20-66 establishes the expiration date for both 
annual and staggered registration plates. Under an 
agreement with the Division and the registrant, trailer plates 
may be issued for a period of up to five years with the 
following conditions: 

(1) Payment is made for the first year's fees; 

(2) A certificate of deposit from a credit union 
insured by Credit Union National Association 

' Insurance Mutual Group, Inc. (CUNA) or a bank 

, or savings and loan institution insured by Federal 

I Deposit Insurance Corporation (FDIC) in an 

I amoimt equal to the fees for the remainder of the 

• issuance period, shall be filed with the Division; 

I (3) Payment for each additional year is made during 

the normal renewal period. The certificate of 



History Note: Authority G.S. 93A-4(a),(d); 

Eff. February 1. 1976; 

Readopted Eff. September 30, 1977; 

Amended Eff. July 1. 1998; July 1, 1996; February 1, 1989; 

December 1, 1985; May 1, 1984; May I. 1982. 



.1501 



SECTION .1500 - FORMS 

LICENSING AND GENERAL BROKERAGE 
FORMS 



History Note: Authority G.S. 93A-4(d); 1508-11(1); 
Eff. July 1, 1989; 
Repealed Eff. July 1, 1998. 

.1502 FORMS FOR SCHOOL APPROVAL OR 
LICENSURE 

History Note: Authority G.S. 93A-4(d); 1508-11(1); 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1739 



APPROVED RULES 



Eff. July 1. 1989: 
Amended Eff. May 1. 1990: 
Repealed Eff. Julx 1. 1998. 



TITLE 23 - DEPARTMENT OF COMMUNITY 
COLLEGES 

CHAPTER 1 - GENERAL PROVISIONS 

SUBCHAPTER IB - PROCEDURE 

.0001 PETITIONS 

(a) Any person wishing to request the adoption, 
amendment, or repeal of a rule made by the State Board, 
Department of Community Colleges, shall make a request 
in a petition addressed to: 

System President 

Department of Community Colleges 

200 West Jones Street 

Raleigh, NC 27603-1379 

(b) The petition shall contain the following information: 

( 1 ) either a draft of the proposed rule or a summary 
of Its contents; 

(2) the stamtory authority for the agency to adopt the 
rule; 

(3) the reasons for the proposal; 

(4) the effect of the proposed rule on existing rules; 

(5) any data supporting the proposal; 

(6) the effect of the proposed rule on existing 
practices in the area involved, including cost 
factors; and 

(7) the name and address of the petitioner. 

(c) The System President or designee shall determine, 
based on a study of the facts stated in the petition, whether 
the public interest will be served by granting the petition. 
The System President or designee shall consider all the 
contents of the submitted petition and any additional 
information deemed relevant. 

(d) Within 120 days of submission of the petition, the 
State Board or designee shall render a decision. If the 
decision is to deny the petition, the System President or 
designee shall notify the petitioner in writing, stating the 
reason(s) for the denial. If the decision is to approve the 
petition, the State Board shall publish a notice of rule- 
making proceedings. 

Hision- Note: Authorin G.S. 143B-10(j)(2): 150B-20: 
Eff. September 1. 1993: 
Amended Eff. March 1, 1997. 

.0004 HEARINGS 

(a) Any person desiring to make an oral presentation at 
a public hearing may submit a written copy of the 
presentation to the hearing officer prior to or at the public 
hearing. 

(b) Presentations shall not exceed 10 minutes. 



(c) Written comments must be sent to: 

System President 

Depanment of Community Colleges 

200 West Jones Street 

Raleigh, NC 27603-1379 

(d) The hearing officer shall have control over the rule 
making hearing, including: 

(1) the responsibility of having a record made of the 
hearing; 

(2) extension of any time allotments; 

(3) recognition of speakers; 

(4) prevention of repetitious presentations; and 

(5) general management of the hearing. 

(e) The hearing officer shall ensure that each person 
attending the hearing is given a fair opportunity to present 
views, data, and comments. 

History Note: Authority G.S. 143B-10; 1508-21. 2; 
Eff. September 1, 1993: 
Amended Eff. March 1. 1997. 

.0005 STATEMENT OF REASONS FOR AND 
AGAINST RULE MAKING DECISION 

(a) Any person who desires from the System President a 
concise written statement of the principal reasons for or 
against the decision by the State Board to adopt or reject a 
rule may, within 30 days after adoption of a rule, submit a 
request to: 

System President 

Department of Community Colleges 

200 West Jones Street 

Raleigh, NC 27603-1379 

(b) The request must be made in writing and must 
identify the rule or proposed rule involved. 

(c) The System President shall issue the statement of 
reason(s) against the State Board's decision within 45 days 
after receipt of the request. 

History Note: Authority G.S. 143B-10: 150B-21.2: 
Eff. September 1. 1993: 
Amended Eff. March 1. 1997. 

.0008 DECLARATORY RULINGS 

(a) The State Board shall have the power to make 
declaratory rulings. A declaratory ruling means the State 
Board's determination of the validity of a specific rule or 
whether a specific statute, rule or order applies to a given 
set of facts. All requests for declaratory rulings shall be by 
written petition and shall be submitted to: 

System President 

Department of Community Colleges 

200 West Jones Street 

Raleigh, NC 27603-1379 

(b) Every request for a declaratory ruling must include 
the following information: 

( 1 ) the name and address of the petitioner; 

(2) the statute or rule to which the question relates; 



1740 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



APPROVED RULES 



(3) a concise statement of the manner in which the 
petitioner is aggrieved by the rule or statute or its 
potential application to him; and 

(4) the consequences of a failure to issue a 
declaratory ruling. 

(c) Whenever the State Board believes that the issuance 
of a declaratory ruling is undesirable, it shall refuse to issue 
one. Where a declaratory ruling is deemed inappropriate, 
the System President or designee shall notify in writing the 
petitioner, stating reasons for the denial of a declaratory 
ruling. The State Board may refuse to consider the validity 
of a rule: 

(1) unless the petitioner shows that the circumstances 
are so changed since adoption of the rule that 
such a ruling would be warranted; 

(2) unless the rule making record evidences a failure 
by the agency to consider specified relevant 
factors; 

(3) unless circumstances stated in the request or 
otherwise known to the agency show that a 
declaratory ruling would presently be 
appropriate. 

(d) Where a declaratory ruling is deemed appropriate, the 
State Board shall issue the ruling within 60 days of the 
receipt of the petition. 

(e) A declaratory ruling procedure may consist of written 
submissions, oral hearings, or such other procedure as may 
be deemed appropriate, in the discretion of the State Board 
or its designee in the particular case. 

(0 The System President or his designee may issue 
notice to persons who might be affected by the ruling that 
written comments may be submitted or oral presentations 
received at a scheduled hearing. 

(g) A record of all declaratory ruling proceedings shall 
be maintained by the System President and shall be available 
for public inspection during regular business hours. This 
record shall contain: 

(1) the original request; 

(2) the reason(s) for refusing to issue a ruling when 
the request is denied; 

(3) all written memoranda and information submitted; 

(4) any written minutes or audio tape or other record 
of the oral hearing; and 

(5) a statement of the ruling when the request is 
granted. 



.0104 MILITARY LEAVE 

(a) The rules concerning military leave, codified as Title 
25, Subchapter IE, Section .0800, are hereby incorporated 
by reference including any subsequent amendments and 
editions of these rules to apply to commimity college system 
employees. 

(b) Copies of 25 NCAC, Subchapter IE, Section .0800 
may be inspected in or obtained, at no cost, from the Office 
of the System President, Department of Community 
Colleges, 200 West Jones Street, Raleigh, North Carolina, 
27603-1379. 

History Note: Authority G.S. 115D-5; 127A-116; 150B- 

21.6; 

Eff. February 1, 1976; 

Amended Eff. March 1, 1997; September 1, 1993; August 

17. 1981. 



History Note: Authority G.S. 150B-4; 
Eff. September 1. 1993; 
Amended Eff. March 1, 1997. 

CHAPTER 2 - COMMUNITY COLLEGES 

SUBCHAPTER 2D - COMMUNITY COLLEGES: 
FISCAL AFFAIRS 

SECTION .0100 - SALARIES 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1741 



LIST OF RULES CODIFIED 



A. he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated and have been 


entered into the Code. 




J\e^. 




Citation = Title 


Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Temp. 


= Rule was filed as a temporary rule 


Eff. Date 


= Date rule becomes effective 



NORTH CAROLINA AD^^NISTRATIVE CODE 
JANUARY 97 



TITLE DEPARTMENT 

2 Agriculture 

10 Human Resources 

13 Labor 

15A Environment, Health, and 

Natural Resources 



TITLE 


DEPARTMENT 


19A 


Transportation 


21 


Occupational Licensing Board 




1 - Acupuncture 




22 - Hearing Aid Dealers and Fitters 


23 


Community Colleges 


25 


Personnel 



RIXE CrrATlON 


.\D 


A.M 


RP 


WTTH 
CHGS 


CORR 


TEMP 


EFFELUVE 
DATE 


2 NCAC 34 .0503 




/ 








/ 


01/10/97 


.0602 




/ 








/ 


01/10/97 


.0604 - 


.0605 




/ 








/ 


01/10/97 


10 NCAC 3R .3002 


/ 










/ 


01/01/97 


.3051 - 


.3088 


/ 










/ 


01/01/97 


.3053 




/ 








/ 


01/15/97 


18W .0202 


/ 






/ 






02/01/97 


.0204 


/ 






/ 






02/01/97 


.0206 - 


.0210 


/ 






/ 






02/01/97 


.0212 - 


.0213 


/ 






/ 






02/01/97 


.0216 - 


.0217 


/ 






/ 






02/01/97 


.0219 


/ 






/ 






02/01/97 


26H .0506 












expired 


01/10/97 


49C .0107 












expired 


09/10/96 


50D .0101 - 


.0103 












expired 


07/01/96 





1742 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 







LIST OF RULES CODIFIED 












RULE CITATION 


AD 


AM 


RP 


WITH 
CHGS 


CORK 


TEMP 


EFFECTIVE 
DATE 


10 


NCAC 50D .201 












expired 


07/01/96 


.0301 - .0302 












expired 


07/01/96 


.0401 - .0402 












expired 


07/01/96 


.0501 - .0503 












expired 


07/01/96 


13 


NCAC 7F .0101 












expired 


01/26/97 


15A 


NCAC 2C .0211 




/ 










02/01/97 


.0213 - .0214 




/ 










02/01/97 


7M .0401 




/ 




/ 






04/01/97 


.0402 




/ 




/ 






04/01/97 


18A .0134 




/ 










02/01/97 


.0168 




/ 










02/01/97 


.0182 




/ 










02/01/97 


.0301 




/ 










02/01/97 


.0614 




/ 










02/01/97 


.0618 




/ 










02/01/97 


.0901 




/ 










02/01/97 


.1301 




/ 










02/01/97 


.1319 




/ 










02/01/97 


19A 


NCAC 3E .0403 




/ 










04/30/97 


21 


NCAC 1 .0301 












expired 


11/11/96 


.0702 - .0704 


/ 






/ 






02/01/97 


.0710 


/ 






/ 






02/01/97 


.0711 


/ 












02/01/97 


22F .0003 










/ 






23 


NCAC IB .0001 




/ 










03/01/97 


.0004 - .0005 




/ 










03/01/97 


.0008 




/ 










03/01/97 


2D .0104 




/ 










03/01/97 


25 


NCAC IJ .0613 












expired 


11/26/96 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1743 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Conunission on Tfjursdax. Febnian 20. 1997, 
10:00 a.m. . at 1J07 Glemrood Ave.. Assembly Room. Raleigh. NC. Anyone wishing to submit written comment on an\ 
ride before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners 
b\- Mondaw Februan- 17. 1997, at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review 
Conunission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agenc\- at 
least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Philip O. Redvvine - Chairman 

Vemice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 



Appointed by House 

Bill Graham - Vice Chairman 

James Mallory, III 

Paul Powell 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



February 20, 1997 
March 20, 1997 
April 17, 1997 



May 15, 1997 
June 19, 1997 
July 17, 1997 



MEETING DATE: FEBRUARY 20. 1997 



LOG OF HLINGS 
RULES SUBMITTED: DECEMBER 20, 1996 THROUGH JANUARY 20, 1997 



AGENCY/DIVISION 



RULE NAME 



TRANSPORTATION/DIVISION OF MOTOR VEHICLES 

Definitions 

Course of Instruction 

Student Requirements 

Reports to be Submitted 

Requirements 



RULE 




ACTION 


19A NCAC 3J 


.0102 


Amend 


19A NCAC 3J 


.0306 


Amend 


19A NCAC 3J 


.0307 


Amend 


19A NCAC 3J 


.0308 


Amend 


I9A NCAC 3J 


.0601 


Amend 



RULES REVIEW OBJECTIONS 



ACUPUNCTURE LICENSING BOARD 



21 NCAC 1 .0706 - Continuances 

21 NCAC 1 .0707 - Disqualification for Personal Bias 

COMMUNITY COLLEGES 



RRC Objection 
RRC Objection 



01/16/97 
01/16/97 



23 NCAC 2C .0304 - Student Loan Funds for Vocational and Technical Education RRC Objection 01/16/97 

23 NCAC 2E .0203 - Standards for Technical-Vocational Curriculums RRC Objection 01/16/97 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management 

15A NCAC 7H .0104 - Development Initiated Prior to Eff. Date of Revisions RRC Objection 11/21/96 

Agency Revised Rule Obj. Removed 12/19/96 



1744 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



RULES REVIEW COMMISSION 



15A NCAC 7H .0304 - AECs Within Ocean Hazard Areas 

Agency Revised Rule 
ISA NCAC 7H .0305 - General Identification and Description of Landforms 

Agency Revised Rule 
15A NCAC 7M .0403 - Policy Statements 

Environmental Management 

ISA NCAC 2B .0229 - Tar Pamlico River Basin-Nutrient Sensitive Waters Mgmt Strategy RRC Objection 
Agency Revised Rule 



Commission for 

ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 
ISA NCAC ISA . 



Health Services 

0134 - Definitions 

0I6S - Single-Service Containers 

01 76 - Pasteurization of Crustacea Meat 

0IS2 - Bacteriological and Contamination Standards 

0183 - Alternative Labeling 

OISS - Thermal Processing of Crustacea and Crustacea Meat 

0187 - Interfacility Thermal Processing Procedures 

0301 - Definitions 

0421 - Daily Record 

0614 - Containers 

0618 - Heat Shock Method of Preparation of Shellfish 

0621 - Recall Procedure 

0901 - Definitions 

1301 - Definitions 

1319 - Bedroom and Lobby Furnishings 



Parks and Recreation Area Rules 

ISA NCAC I2B .1206 - Fees and Charges 
Agency Revised Rule 



RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


01/16/97 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 



HUMAN RESOURCES 

Facility Services 

10 NCAC 3R .3030 - Facility and Serx'ice Need Determinations RRC Objection 10/17/96 

Agency Revised Rule Obj. Cont'd II/2I/96 

No Response from Agency Obj. Cont'd 12/19/96 

Agency Revised Rule Obj. Cont'd 01/16/97 

10 NCAC 3R .3033 - Open Heart Surgery Services Need Determinations (Rev. Cat. H) RRC Objection 01/16/97 

10 NCAC 3R .3034 - Heart-Lung Bypass Mch. Need Det./New Open Heart Sgy. Svcs. RRC Objection 01/16/97 

10 NCAC 3R .303S - Heart-Lung Bypass Mch. Need Det. /Existing Open Heart Sgy. Svcs. RRC Objection 01/16/97 

10 NCAC 3R .3036 - Cardiac Catheterization Eqpt Need Det./New Providers RRC Objection 01/16/97 

10 NCAC 3R .3037 - Cardiac Catheterization Eqpt Need Det. /Existing Providers RRC Objection 01/16/97 

10 NCAC 3R .3038 - Cardiac Angioplasty Eqpt Need Det./New Providers RRC Objection 01/16/97 

10 NCAC 3R .3039 - Cardiac Angioplasty Eqpt Need Det. /Existing Providers RRC Objection 01/16/97 



Mental Health: Other Programs 

10 NCAC 18W .0201 - Scope 

10 NCAC 18W .0203 - General Provisions 

10 NCAC I8W .020S - Emotional, Mental or Neurological Haruiicap Defined 

10 NCAC ISW .0211 - Needs Assessment 

10 NCAC ISW .0214 - Area Program Requirements 

10 NCAC ISW .02IS - Division Requirements 

10 NCAC ISW .0218 - Contested Case Hearings 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



01/16/97 
01/16/97 
01/16/97 
01/16/97 
01/16/97 
01/16/97 
01/16/97 



Social Services Commission 

10 NCAC 41 P .0002 - Organization and Administration (Renumbered as .0102) 



RRC Objection 



11/21/96 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1745 



RULES REVIEW COMMISSION 



Agency Revised 
lONCAC 41P .0005 

Agency Revised 
lONCAC 41P .0013 

Agencv Revised 
lONCAC 42A .0703 

Agency Revised 
10 NCAC 42C .201 1 

Agency Revised 
10 NCAC 42C .2012 

Agency Revised 
lONCAC 42D .1410 

Agency Revised 
lONCAC 42D .1411 

Agency Revised 



Rule 

- Placement Senices to Families and Child. 
Rule 

- Fees (Renumbered as .0113) 
Rule 

- Designated Agencies 
Rule 

- Staff Competency and Training 
Rule 

- Training Program Content and Approval 
Rule 

- Staff Competency and Training 
Rule 

- Training Program Content and Approval 
Rule 



PUBLIC INSTRUCTION 

16 NCAC 7 .0101 - Definitions 

Agency Revised Rule 
16 NCAC 7 .0102 - General Information 

Agency Revised Rule 

16 NCAC 7 .0103 - Exemptions from Certification Requirements 

Agency Revised Rule 

REAL ESTATE COMMISSION 

21 NCAC 58A .0302 - Filing and Fees 

21 NCAC 58A .1501 - Licensing arul General Brokerage Forms 

21 NCAC 58A .1502 - Forms for Education Program 

BOARD OF REFRIGERATION EXAMINERS 

21 NCAC 60 .0314 - Use of License 
Agency Revised Rule 

REVENUE 

17 NCAC 5C .0102 - Doing Business Defined 

No Response from Agency 



Obj. Removed 


12/19/96 


(Renumbered as .0105) RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


f the Standards Board RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


12/19/96 


RRC Objection 


11/21/96 


Obj. Removed 


12/19/96 


RRC Objection 


11/21/96 


Obj. Cont'd 


12/19/96 



TRANSPORTATION 



Division of Motor Vehicles 

19A NCAC 3E .0403 - License Period for Trailer Plate 



RRC Objection 



12/19/96 



1746 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores O. Smith 
Thomas R. West 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



AD\nNISTRATION 



Douglas J Regisier v Departmeni of Administraiion 
Purchase and Contract 



96 DOA 0172 



Reilly 



08/16/96 



Budd Seed. Inc v Deparuneni ol Administraiion 
ALCOHOLIC BEVERAGE CONTROL CONCVflSSlON 



96 DOA 0281 



Chess 



09/19/96 



Osama Arafai Sadar v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v James Eads Sprowles 
Cole Entertainment, Inc. v. Alcoholic Beverage Control Commission 
Fuad Saif Murshed v. Ale Bev Ctl. Comm & Durham Mem. Bapt, Ch. 
Alcoholic Beverage Control Commission v, Tremik. Inc. 
City of Raleigh v. Alcoholic Beverage Control Commission 

and 
Marshall Stewart, HI, Robert David Park, and Park Stewart Inc. 
Alcoholic Beverage Control Commission v Maria Virginia Tramontano 
Alcoholic Beverage Control Commission v. Huffman Oil Co . Inc 
Pinakin P, Talate v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Entrepreneur, Inc. 
Alcoholic Beverage Control Commission v, Zell, Inc 
Alcoholic Beverage Control Commission v. Henry Franklin Gurganus 
Andrew Parker v Alcoholic Beverage Control Commission 
Barraq Sabri Alquza v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Partnership T/A T & L Groceries 
Alcoholic Beverage Control Commission v. Cashion's Food Mart, Inc. 
Alcoholic Beverage Control Commission v E K 's n. Inc. Carl E. Collins 
Bro Bee. Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Donald Ray Doak 
Alcoholic Beverage Control Commission v. Janice Lorraine Jeter 
Alcoholic Beverage Control Commission v. Well Informed. Inc. 
Alcoholic Beverage Control Commission v. Kubbard. Inc 
Alcoholic Beverage Control Commission v Stemmermans's. Inc. 



95 ABC 0721 


Gray 


07/09/96 




95 ABC 0883»' 


Gray 


07/10/96 




95 ABC 0917 


West 


08/21/96 


11:12 NCR 1027 


95 ABC 0922 


Chess 


04/24/96 




95 ABC 0925 


Morrison 


03/25/96 




95 ABC 


1143 


Morrison 


11/08/96 


11.17 NCR 1362 


95 ABC 


1200 


West 


04/23/96 




95 ABC 


1251 


West 


04/03/96 


11:03 NCR 166 


95 ABC 


1329 


West 


04/10/96 




95 ABC 


1363 


Reilly 


05/02/96 




95 ABC 


1366 


West 


06/17/96 




95 ABC 


1389 


West 


04/01/96 




95 ABC 


1402 


Phipps 


03/27/96 




95 ABC 


1424 


Phipps 


04/03/96 




95 ABC 


1443 


West 


03/26/96 




95 ABC 


1444 


Gray 


03/13/96 




95 ABC 


1458 


Chess 


08/12/96 




95 ABC 


1480 


West 


04/15/96 




95 ABC 


1488 


West 


03/29/96 




96 ABC 0013 


Reilly 


04/26/96 




96 ABC 0016 


Chess 


05/28/96 




96 ABC 0017 


Reilly 


05/20/96 




96 ABC 0018 


Chess 


05/28/96 





11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1747 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NLnviBER 



ALJ 



DATE OF 
DECISION 



PL'BLISHED DECISION 
REGISTER CITATION 



Georee Wrighi and .Alice Ramsuer v. Alcoholic Beverage Conirol Comm. 96 

Alcoholic Beverage Control Commission v. Bayron Green 96 

Alcoholic Beverage Control Commission v. Circle K Stores. Inc. 96 
.Alcoholic Beverage Control Commission v Robert Montgomery McKnight96 

.Alcoholic Beverage Control Commission v Cadillacs Discotheque. Inc 96 

Gerald Audry Sellars v. Alcoholic Beverage Control Commission 96 

■Alcoholic Beverage Control Commission v. Jacqueline Robin .Anthony 96 

Alcoholic Beverage Control Commission v. Factory Night Club. Inc. 96 

Alcoholic Beverage Control Commission v C .N'.H Enterprises. Inc. 96 

Alcoholic Beverage Control Coinmission v. Milliceni J. Green 96 

Ghassan Hasan Issa v. Alcoholic Beverage Control Commission 96 

.Abdelhakeem Muravveh Saleh 96 



Triangle Dnve-In 
Beroth Oil Company 
Beroth Oil Company 
Beroth Oil Company 
Beroth Oil Company 
Giles Rozier 



.Alcoholic Beverage Control Commission v 

.Alcoholic Beverage Control Commission v. 

.Alcoholic Beverage Control Commission v 

.Alcoholic Beverage Control Commission v 

.Alcoholic Beverage Control Commission v 

Alcoholic Beverage Control Commission v 

Alcoholic Beverage Control Commission v 

.Alcoholic Beverage Control Commission v Clifton Franklin Smith 

.Alcoholic Beverage Control Comm. v. Crown Central Petroleum Corp. 

Dilthra Smith Patton v. Alcoholic Beverage Control Commission 

Virginia Caporal v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. James Eads Sprowles 

Alcoholic Beverage Control Commission v. Chae Ypo Chong 

.Alcoholic Beverage Control Commission v .Albert S. Carter 

.Alcoholic Beverage Control Commission v. Taleb Abed Rahman 

.Alcoholic Beverage Control Comm v. Centergrove Entertainment Eni. 

Joseph Marcel Etienne v. Alcoholic Beverage Control Commission 

.Alcoholic Beverage Control Commission v Jesse Smith 

.Alcoholic Beverage Control Commission v Winn Di.xie Charlotte. Inc. 

.Alcoholic Beverage Control Commission v Winn Dnie Charlotte. Inc. 

Louis Corpening v. .Alcoholic Beverage Control Commission 

.Alcoholic Beverage Control Commission v, Joyce N. Capra 

H.ARB Inc. v .Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v, Russell Bernard Speller 

Alcoholic Beverage Control Comm v. Ptnrshp .T A Blue Front Groc. 

Alcoholic Beverage Control Commission v .Anthony Jerome Foster 

CONCVnSSION FOR .41.ctiont;ers 



ABC 
ABC 
ABC 
ABC 
ABC 
.ABC 
ABC 
ABC 
ABC 
ABC 
ABC 
.ABC 
.ABC 
ABC 
.ABC 
.ABC 
ABC 
.ABC 
ABC 
.ABC 
ABC 
ABC 
■ABC 
■ABC 
ABC 
ABC 
.ABC 
ABC 
ABC 
.ABC 
ABC 
.ABC 
ABC 
ABC 
.ABC 
.•SiBC 
.ABC 



0058 

0097 

0134 

0135 

0136 

0160 

0184 

0226 

0232 

0234 

0256 

0381 

0443 

0447 

0448 

0449 

0450 

0473 

0474 

0482 

0505 

0507 

0526* 

0530 

0534 

0551 

0583 

0718 

0804 

0858 

0859 

0985 

1060 

1124 

1394 

1469 

1587 



Becton 

Bee ton 

Gray 

Phipps 

Phipps 

Becton 

Phipps 

Phipps 

Becton 

Smith 

Morrison 

Chess 

Reilly 

Morrison 

Morrison 

Morrison 

Morrison 

Morrison 

Reilly 

Morrison 

.Morrison 

Becton 

Gray 

Morrison 

Morrison 

West 

Reilly 

Phipps 

Gray 

Morrison 

Morrison 

Gray 

Reilly 

Phipps 

Smith 

Smith 

Reilly 



04/16/96 
08/23/96 
11/06/96 
05 '09/96 
12/04/96 
06/25/96 
05/09/96 
08/02/96 
07/09 '96 
06/13/96 
05/23/96 
08/27/96 
06/11/96 
08/30/96 
08/30/96 
08/30/96 
08/30/96 
09/19/96 
08/12/96 
10/18/96 
08/06/96 
10 '04/96 
07/10/96 
10/29/96 
08/05/96 
11/14/96 
08/12/96 
10/17/96 
11/19/96 
11/21/96 
11/21/96 
09/26 96 
11/15/96 
10/23/96 
12/20/96 
12/09/96 
01/29/97 



1 1 08 NCR 564 



11 13 NCR 1085 



John W Foster v .Auctioneer Licensing Board 
Barry G "^'ork v .Auctioneer Licensing Board 

dep.\rtment of correction 

James J Lewis v Department of Correction 
CRIME control .\.NT) PL"BLIC S.AFETY 



96 CFA 0201 
96 CFA 0297 



96 DOC 0772 



Phipps 
Smith 



West 



05/06/96 
10/18/96 



09/05/96 



Roland Lee Kelly. Jr v United Family SerMCes. Victim .Assistance Crime 95 

Victims Compensation Comm 
Robert F Bronsdon v Crime Victims Compensation Commission 
Helen B. Hunter-Reid v Crime Victims Compensation Commission 
Deborah C, Passarelli v. Crime Victims Compensation Commission 
Kenneth Saunders v. Victims Compensation Commission 
Franklin .McCoy Jones v. Crime Victims Compensation Commission 
Ruby H. Ford v. Crime Victims Compensation Commission 
Manuel Cervantes v. Victims Compensation Fund 
Sheila Carol Blake v. Victims Compensation Commission 
James T Mungo v. Victims Compensation Commission 
Jerome Crutchfield v, CPS, Victims Compensation Commission 
William Theodore Frazier v. Crime Victims Compensation Commission 
Emma Coble v. Crime Victims Compensation Commission 
Donna Williams v. Crime Victims Compensation Commission 
Daisy Reid v. Crime Victims Compensation Commission 
Earlie McLaurin. Jr. Delano McLaurin. Sr v. Crime Victims Comp Comm 96 
.Anthony P. Dawkins v. Crime Victims Compensation Commission 
Judy Worley .Milam v. Crime Victims Compensation Commission 



95 CPS 0568 


Morrison 


05/29/96 




95 CPS 1216 


Chess 


05/28/96 




95 CPS 1336 


Smith 


03/29/96 


1 1 02 NCR 93 


95 CPS 1399 


Reilly 


07/18/96 


11 09 NCR 814 


95 CPS 1445 


Chess 


03/26/96 




96 CPS 0056 


Smith 


07/03/96 




96 CPS 0110 


Reilly 


04/18/96 




96 CPS 0118 


Chess 


03/19/96 




96 CPS 0280 


West 


07/10/96 




96 CPS 0333 


Reilly 


07/09/96 




96 CPS 0340 


Phipps 


09/05/96 




96 CPS 0435 


Chess 


08/22/96 




96 CPS 0468 


Chess 


09/25/96 




96 CPS 0493 


Morrison 


06/13/96 




96 CPS 0499 


West 


11/18/96 




96 CPS 0639 


West 


01/21/97 




96 CPS 0716 


Reilly 


08/16/96 




96 CPS 0717 


Grav 


1121/96 





1748 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



CONTESTED CASE DECISIONS 



AGENCY 



Shirley M. King v. Crime Victims Compensation 

Marie Matthews for Child Victim v. Crime Victims Compensation Comm. 

Clara Durham v Victims Compensation 

Shawn P- Saddler v. Victims Compensation Commission 

David Carl Anderson v. Crime Victims Compensation Commission 

Douglas Alan West v. Crime Victims Compensation Commission 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 CPS 0802 


West 


08/08/96 




96 CPS 0832 


Becton 


08/20/96 




96 CPS 0906 


Phipps 


09/23/96 




96 CPS 1109 


Morrison 


01/02/97 




96 CPS 1409 


Smith 


11/25/96 




96 CPS 1888 


West 


01/03/97 





ENMRONMENT, HEALTH, AND NATURAL RESOURCES 



Gribble & Assoc. & Four Seasons Car Wash v EHNR 

Webster Environmental Inc v EHNR, Asbestos Hazard Mgmt- Branch 

Wilton Evans v. Environment. Health, & Natural Resources 

David Martin Shelton v Rockingham County Dept/Public Health, EHNR 

Kinston Urological Associates, PA, v. N.C. Cancer Program 

Kinston Urological Associates, PA. v. N.C Cancer Program 

Elsie & Tony Cecchini v. Environment, Health, & Natural Resources 

United Organics Corporation v. Environment, Health, & Natural Res. 

Gerald Mac Clamrock v. Environment, Health, & Natural Resources 

Phillip T. Goetz v. Carteret County Health Center 

John Milazzo v. Environment, Health. & Natural Resources 

Wayne Marshall, Pres. Metro Area Dev., Inc. v. EHNR 

David J. Mohn v. Environment, Health, & Natural Resources 

Elizabeth Shepard Covin v. Environment, Health. & Natural Resources 

Reuben Massey v. Environment, Health, and Natural Resources 

Joseph London v. Environment, Health, and Natural Resources 



95 EHR 0576 


Gray 


04/25/96 




95 EHR 0647 


Becton 


01/24/97 




95 EHR 0843 


Reilly 


07/17/96 




95 EHR 0941 


West 


05/01/96 




95 EHR 1198*- 


Smith 


03/27/96 


11;02NCR 97 


95 EHR 1199*= 


Smith 


03/27/96 


11:02 NCR 97 


95 EHR 1240 


Reilly 


04/22/96 




96 EHR 0064 


Smith 


07/01/96 




96 EHR 0168 


Phipps 


05/06/96 




95 EHR 0596 


Smith 


01/23/97 




96 EHR 0644 


Reilly 


08/13/96 




96 EHR 0826 


West 


10/01/96 




96 EHR 0947 


Smith 


10/04/96 




96 EHR 1258 


Becton 


01/14/97 




96 EHR 1301 


Reilly 


12/18/96 




96 EHR 1397 


Reilly 


12/10/96 





Coastal Resources 



Martin W Synger v Division of Coastal Management 95 EHR 1006 

J- E Smith Construction Co. v. Division of Coastal Management 96 EHR 0074 

Theodore D. Barris v. Town of Long Beach. NC & Coastal Mgmt. EHNR 96 EHR 0277 



Chess 


05/13/96 


Smith 


02/23/96 


West 


05/09/96 



Environmental Health 



Forest Gate Motel v Environment. Health, and Natural Resources 96 EHR 0076 

Paradise Ridge Home Owners by Anne Norburn v EHNR, Env Health 96 EHR 0162 
Zack Diakogiannis v. EHNR, Division of Environmental Health 96 EHR 0768 



West 


06/17/96 


Phipps 


05/06/96 


Gray 


01/08/97 



Environmental Management 



Frank A. Corriher & Sons Well Drilling. Inc. v. Env. Mgmt.. EHNR 
Ford Motor Company v. EHNR, Division of Environmental Management 
Herman E. Smith v Division of Environmental Management 
Lake Summit Property Owners Assoc, v EHNR, Environmental Mgmt 
Conover Lumber Co.. Inc. v. EHNR. Division of Environmental Mgmt. 
City of Reidsville. a Municipal Corp. v. EHNR. Environmental Mgmt. 
Jack West d/b/a Jack West Tree Service v. Environmental Mgmt Comm. 
The Smithfield Packing Co . Inc , v. EHNR. Environmental Mgmt. 
and 
Citizens for Clean Industry. Inc and Bladen Environment 
Commscope, Inc. v EHNR. Division of Environmental Management 
Stephen L. Reedy v. EHNR. Division of Environmental Management 
Rayco Utilities, Inc. v. EHNR. Division of Environmental Management 
Clover M Farms. Inc v. EHNR. Division of Environmental Management 
Providence Glen Associates v. Environmental Management. EHNR 
Overcash Gravel & Grading Co.. Inc. v. Division of Environmental Mgmt 96 



95 EHR 0048 


Phipps 


09/20/96 


11;14 NCR 1191 


95 EHR 0588 


Smith 


12/20/96 




95 EHR 0962 


West 


04/30/96 




95 EHR 1022 


Reilly 


12/30/96 




95 EHR 1081 


Reilly 


04/12/96 




95 EHR 1335 


Gray 


10/01/96 


11:15 NCR 1249 


95 EHR 1421 


Morrison 


04/08/96 




95 EHR 1474 


West 


07/03/96 




96 EHR 0078 


Gray 


12/23/96 




96 EHR 0181 


Gray 


12/16/96 




96 EHR 0367 


Becton 


10/04/96 




96 EHR 0405 


Becton 


06/10/96 




96 EHR 0648 


Becton 


08/12/96 




96 EHR 0990 


West 


10/29/96 





Land Resources 



K&G Properties. Inc. v. EHNR. Division of Land Resources 
Marine Fisheries 



95 EHR 1078 Smith 



03/25/96 



Robert I. Swinson. Sr. v. EHNR. Health & Nat. Res.. Marine Fisheries 95 EHR 0320 

Grayden L. Fulcher and Michael Styron. Sr. v Div. of Marine Fisheries 96 EHR 0003 

Johnny R. Stotesberry v. Marine Fisheries Commission 96 EHR 0072 

Julian G. Gilgo v. Environment. Health, and Natural Resources 96 EHR 0692 



Chess 


03/29/96 


11:03 NCR 168 


Reilly 


03/06/96 




Gray 


08/19/96 


11:11 NCR 955 


West 


12/06/96 


11:19 NCR 1530 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1749 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NX'AIBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Radiation Protection 

Marsha L. Powell v. EHNR, Division of Radiation Proieciion 
Nancy S. Webb v EHNR. Division of Radiaiion Protection 

Solid Waste Management 

R Donald Phillips v EHNR. Solid Waste Management Division 
R Donald Phillips v. EHNR. Solid Waste Management Division 
GRACE and Margaret L. Caudle-Beck v EHNR. Solid Waste Mgmi 



96 EHR 1116 
96 EHR 1131 



Smith 
Gray 



95 EHR 1190*' Gray 

96 EHR 0554*' Gray 
96 EHR 1125 Phipps 



10/10/96 
10/23/96 



05/22/96 
05/22/96 
12/06/96 



Vr'aier Quality 

Ben Moses v, EHNT?. Division of Water Quality 



96 EHR 1085 



Phipps 



01 '21/97 



WIC Program 

Lazelle Marks v. EHNR. Division of Maternal and Child Health 95 EHR 0870 

Ham Sader v. Nutrition Services. DivMaternal & Child Health. EHNR 96 EHR 0054 

Bob's Quick Mart. Bobby D, Brasweil v. Env.. Health. & Natural Res. 96 EHR 0091 

Larry E. Mis v. USD.VFood/Cons Svc, Cory Menees-WlC Prog.. EHNR 96 EHR 0164 

Naser H. Hammad v. Dept. of Environment, Health, & Natural Resources 96 EHR 0632 

Jamil M. Saleh v, Dept, of Environment. Health. & Natural Resources 96 EHR 0634 

Khaled M. .Alzer v Dept of Environment, Health. & Natural Resources 96 EHR 0721 



West 


03/27/96 


West 


05/22/96 


Smith 


04/02/96 


Phipps 


03/19/96 


Reilly 


07/09/96 


Phipps 


09/04/96 


Reilly 


07/30/96 



EQU.AL EMPLOI^IENT OPPORTLrMTIES 

Marsha Dianne McKoy v DHR. DMH DD S.AS. Caswell Center 
Carl D Davis v. Department of Correction 



90 EEO 0379 

91 EEO 1101 



Chess 
Smith 



10/08/96 
05/06/96 



HL'>LAN RESOl"RCES 



Cassandra M. Deshazo v, Christine E. Carroll. Chf Chid Abuse/Neg. Sec. 95 DHR 1410 Phipps 
Medicus Robinson v. Department of Human Resources 96 DHR 0167 Smith 



03/28/96 
04/12/96 



Division of Child Development 

Molly Fallin v Department of Human Resources 
Molly Fallin v. Department of Human Resources 
Mary T. Hill v. DHR. Division of Child Development 
lola Roberson v. DHR. Division of Child Development 
Zanme M. Allen v. DHR. Division of Child Development 
Ml- Pleasant Church v. DHR. Division of Child Development 
Yvette Nivens v DHR. Division of Child Development 



94 DHR 0872*' 


Grav 


05/15/96 


95 DHR 1013*' 


Grav 


05/15/96 


95 DHR 1192 


Phipps 


03/27/96 


95 DHR 1244 


Gray 


05/16/96 


96 DHR 0304 


Gray 


08/15/96 


96 DHR 0720 


Grav 


11/19/96 


96 DHR 1161 


Morrison 


11/19/96 



Division of Facility Senices 

Eloise Brown v. Dept. of Human Resources, Division of Facility Services 95 DHR 1002 

Harry Martin Bastian v. DHR. Division of Facility Services 

Community Care #2 v. DHR, Division of Facility Services 

Community Care #4 v. DHR, Division of Facility Services 

Billie Mitchell v. Department of Human Resources (DPS) 

Jo Ann Boyd Capps v. DHR, Division of Facility Services 

Certificate of Seed Section 

Nash Hospitals, Inc. v DHR. Div Facility Services. Cert, of Need Sect. 95 DHR 1176*' Phipps 
Pitt Ciy Mem Hospital. Inc v DHR. Div Facility Svcs, Cert.^'eed Sect. 95 DHR 1177*= Phipps 
Tar Heel Home Health. Inc. \ DHR. Div.Facility Svcs, Certj'Need Sect. 96 DHR 0513 Morrison 



95 DHR 1002 


Phipps 


03/07/96 


96 DHR 0287 


West 


08/21/96 


96 DHR 0934 


Becton 


10/16/96 


96 DHR 0935 


Becton 


10,'16/96 


96 DHR 0975 


Phipps 


01/02/97 


96 DHR 1115 


Grav 


12/12/96 



05/23/96 


11:06 NCR 389 


05/23/96 


11:06 NCR 389 


01/22/97 


11:22 NCR 1761 



Group Care Licensure Section 

.AJex L McCall v DHR. Div Facility Svcs. Group Care Licensure Sec 
DHR. Facility Services. Group Care Licensure Sect. v. Petrova Evans 
Leola Barnes. Shaw Family Care v DHR. Fac. Svcs. Group Care Lie 
Gracelane Rest Home v Group Care Lie. Section. Div of Soc Svcs. 



95 DHR 1456 


Smith 


03/26/96 


96 DHR 0544 


Phipps 


08/21/96 


96 DHR 0626 


West 


10/01/96 


96 DHR 0944 


Becton 


10/16/96 



1750 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AIJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Medical Facililies Licensure Section 

Deborah Reddick v. Depanmeni of Human Resources 

Stacey Yvetie Franklin v. Facility Services. Medical Facilities Lie. Sec. 



96 DHR 0240 
96 DHR 0358 



Reilly 
Morrison 



06/18/96 
05/16/96 



Division of Medical Assistance 

Judy Malcuit, Re Melissa Malcuit v. DHR, Div. of Medical Assistance 96 DHR 0129 
Durham Reg. HsptI, Behavioral HIth Svcs. v. Medical Assistance. DHR 96 DHR 0637 
Jerry Heath v, DHR. Division of Medical Assistance 96 DHR 0752 

Division of Social Services 

Crystean Fields v. Department of Human Resources 

Rozena Chambliss v. Department of Human Resources 

Addie & Major Short v. Department of Human Resources 

Mr. and Mrs. Jessie Stevenson v, DHR, Division of Social Services 

William G. Fisher v. DHR. Div. of Social Services. Prog Integrity Branch95 

Verna F. Nunn v. Department of Human Resources 

Nancy Hooker. Helen Tyndall v. Department of Human Resources 

Monica Ferrari and Justin Ferrari v. Pender County DSS 

Monica Ferrari and Justin Ferrari v. New Hanover County DSS 

Child Support Enforcement Section 



Donald E Rideout Jr. v Department of Human Resources 
Christopher F. Roakes v. Department of Human Resources 
Claude Eure Jr v. Department of Human Resources 
Richard R. Fox. Sr, v. Department of Human Resources 
Joselito D Pilar v. Department of Human Resources 
David Lee Grady v Department of Human Resources 
Patrick Orlando Crump v. Department of Human Resources 
Peter Robert Kovolsky v Department of Human Resources 
Tony Lee Zapata v. Department of Human Resources 
Lawrence Dow Dean v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Keith Dewayne Senters v Department of Human Resources 
Lonnie Dawes v. Department of Human Resources 
Mickey Turner v Department of Human Resources 
James Joseph Gallagher v. Department of Human Resources 
James Thomas McRae v Department of Human Resources 
Vincent E Koehler v. Department of Human Resources 
David J, Moseley v. Department of Human Resources 
Derrick L. Conyers v. Department of Human Resources 
Charles Edward Smith v. Department of Human Resources 
Kevin Vereen v. Department of Human Resources 
James Curtis Witwer v. Department of Human Resources 
Thornell Bowden v Department of Human Resources 
Herbert W. Donahue Jr. v. Department of Human Resources 
Henry S, Sada v Department of Human Resources 
Charles F. Moore v. Department of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 
Kenneth L, Lindsey v. Department of Human Resources 
John L. Pike v. Department of Human Resources 
Wm R, Evans v. Department of Human Resources 
Rory J, Curry v. Department of Human Resources 
Lorin A Brown v Department of Human Resources 
Marcus Anthony Butts v. Department of Human Resources 
Cynthia Pinder v. Department of Human Resources 
Rhonnie J. Williams v. Department of Human Resources 
Ramon Domenech v. Department of Human Resources 
Lennard J. Watson v. Department of Human Resources 
Timothy R. Brewer. Sr. v. Department of Human Resources 
Dennis L. McNeill v. Department of Human Resources 
Tony A. Rogers v. Department of Human Resources 
Rick E Atkins v. Department of Human Resources 
Timothy A. Ratley (Jeanes) v. Department of Human Resources 
Richard E Reader v. Department of Human Resources 



Gray 


06/12/96 


West 


09/20/96 


Chess 


10/07/96 



95 DHR 1001 


Gray 


07/05/96 


95 DHR 1044 


Smith 


03/12/96 


95 DHR 1063 


Morrison 


03/19/96 


95 DHR 1072 


Phipps 


03/15/96 


95 DHR 1234 


Morrison 


03/19/96 


95 DHR 1330 


Gray 


04/11/96 


96 DHR 0155 


Gray 


04/26/96 


96 DHR 1425 


Morrison 


12/13/96 


96 DHR 1471 


Morrison 


12/13/96 



95 CSE 0952 


Reilly 


04/18/96 


95 CSE 1131 


Beclon 


05/03/96 


95 CSE 1155 


Phipps 


06/12/96 


95 CSE 


1169 


Becton 


03/19/96 


95 CSE 


1180 


Chess 


03/01/96 


95 CSE 


1218 


Morrison 


03/26/96 


95 CSE 


1221 


Smith 


03/05/96 


95 CSE 


1230 


Becton 


03/11/96 


95 CSE 


1266 


Gray 


05/02/96 


95 CSE 1267 


Morrison 


03/29/96 


95 CSE 


1270 


Smith 


03/15/96 


95 CSE 


1273 


Phipps 


04/01/96 


95 CSE 


1274 


Smith 


06/12/96 


95 CSE 


1278 


Smith 


03/14/96 


95 CSE 


1280 


Chess 


03/19/96 


95 CSE 


1296 


Chess 


03/15/96 


95 CSE 


1301 


Phipps 


05/09/96 


95 CSE 


1304 


Chess 


03/29/96 


95 CSE 


1308 


Reilly 


03/13/96 


95 CSE 


1309 


West 


03/07/96 


95 CSE 


1315 


Phipps 


05/06/96 


95 CSE 


1331 


Becton 


03/26/96 


95 CSE 


1345 


Morrison 


03/07/96 


95 CSE 1346 


Reilly 


11/15/96 


95 CSE 


1367 


Smith 


03/21/96 


95 CSE 1369 


Chess 


03/27/96 


95 CSE 


1373 


Morrison 


03/12/96 


95 CSE 1375 


West 


06/24/96 


95 CSE 


1376 


Smith 


03/21/96 


95 CSE 


1377 


Becton 


03/11/96 


95 CSE 


1380 


Mann 


03/15/96 


95 CSE 


1382 


Reilly 


04/18/96 


95 CSE 


1405 


Smith 


03/27/96 


95 CSE 


1406 


Becton 


03/11/96 


95 CSE 


1407 


Chess 


05/06/96 


95 CSE 


1408 


Phipps 


03/11/96 


95 CSE 1414 


Mann 


08/23/96 


95 CSE 


1433 


West 


12/10/96 


95 CSE 


1435 


Becton 


03/13/96 


95 CSE 


1436 


Chess 


05/16/96 


95 CSE 


1437 


Phipps 


04/01/96 


95 CSE 


1465 


Morrison 


03/26/96 


95 CSE 


1469 


Smith 


04/29/96 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1751 



CONTESTED CASE DECISIONS 



AGENCY 



Wendel McDonald v Departmeni of Human Resources 

Wilbur Dewayne Bault v Depariment of Human Resources 

Reginald B, Braiion Sr v. Depariment of Human Resources 

James C Smiih v. Department of Human Resources 

Ronald D. Johnson v. Department of Human Resources 

Johnny Leary v. Department of Human Resources 

Jimmy Strickland v. Department of Human Resources 

John W Scott V Department of Human Resources 

Calvin S Austin v. Department of Human Resources 

Derek Henslee v Department of Human Resources 

Donald L. Carr, Jr v Department of Human Resources 

Norman Waycasier v Department of Human Resources 

Andre Duncan v, Depariment of Human Resources 

Lorenzo Wilson v. Department of Human Resources 

Mark Kevin Burns v, Departmeni of Human Resources 

Cyril Lloyd Payne v, Departmeni of Human Resources 

Charles H Johnson v. Department of Human Resources 

Willie James Myers v Department of Human Resources 

Christopher F. Byrne v. Department of Human Resources 

Richard Painall Burch v. Department of Human Resources 

Charles Gillispie v. Department of Human Resources 

Teresa Reynolds v Department of Human Resources 

Thornell Bowden v. Department of Human Resources 

Kenneth Edward Burns v Depariment of Human Resources 

Carl R. Ritier v Department of Human Resources 

William Charles Rone v Departmeni of Human Resources 

Leon Gibson v. Department of Human Resources 

Dioni Delvalle. n v. Department of Human Resources 

Gerald Roger Beachum Jr v, Departmeni of Human Resources 

Anderson I Wardlow v Department of Human Resources 

Daniel J. Carter v. Department of Human Resources 

Kelvin Tarlion v Department of Human Resources 

Steven Craig Mooney v. Departmeni of Human Resources 

John L- Cherry Jr v. Department of Human Resources 

Arthur Jemerson v, Departmeni of Human Resources 

Michael S Covington v Department of Human Resources 

Gary Steele v Departmeni of Human Resources 

Terry Sealey v Department of Human Resources 

Jackie L, Kopczick v Department of Human Resources 

Virginia McDowell Ramsey v. Departmeni of Human Resources 

D Wayne Gray v. Department of Human Resources 

Claude R, Anderson v Department of Human Resources 

Alan Kendell Locklear v. Department of Human Resources 

Douglas F, McBryde v. Department of Human Resources 

Thomas White v. Departmeni of Human Resources 

James Trevor Emerson v. Department of Human Resources 

Ray Davis Hood v Department of Human Resources 

Leon McNair v. Department of Human Resources 

John William White v. Department of Human Resources 

Hazel L. Walker v. Department of Human Resources 

Tayloria Y- Manns v. Department of Human Resources 

Carl S. McNair v. Department of Human Resources 

David Agurs v. Depariment of Human Resources 

King Sanders Jr. v. Department of Human Resources 

Sandra Kay Carpenter v. Department of Human Resources 

Christopher Clyde Barrino Jr. v Department of Human Resources 

Clinton Sutton v Department of Human Resources 

Dave L. James v. Department of Human Resources 

Jonathan Bernard Copper v Department of Human Resources 

Lisa Privette v. Department of Human Resources 

Franklin D Deese v. Department of Human Resources 

Jan Smith Osborne v Department of Human Resources 

Mark Allen Rose Sr. v Department of Human Resources 

Mark P. Crosby v. Departmeni of Human Resources 

Bernard D. Brothers v. Depariment of Human Resources 

Renee G. Arriola v. Depariment of Human Resources 

Isaac Massey Jr v. Depariment of Human Resources 

Darryl Leon White v Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CSE 1470 


Becion 


07/29/96 


95 CSE 1475 


West 


03/13/96 


96 CSE 0002 


Mann 


08/23/96 


96 CSE 0034 


Gray 


05/10/96 


96 CSE 0084 


Smith 


03/27/96 


96 CSE 0085 


Becton 


05/03/96 


96 CSE 0119 


Chess 


07/08/96 


96 CSE 0130 


Mann 


03/15/96 


96 CSE 0140 


Phipps 


05/17/96 


96 CSE 0188 


ReiUy 


05/17/96 


96 CSE 0200 


West 


05/30/96 


96 CSE 0245 


Becion 


05/16/96 


96 CSE 0249 


Chess 


09/25/96 


96 CSE 0257 


Phipps 


05/06/96 


96 CSE 0271 


Morrison 


06/24/96 


96 CSE 0272 


Reilly 


05/31/96 


96 CSE 0295 


West 


07/15/96 


96 CSE 0299 


Becton 


07/19/96 


96 CSE 0336 


Chess 


06/26/96 


96 CSE 0339 


Phipps 


06/27/96 


96 CSE 0365 


Mann 


07/23/96 


96 CSE 0369 


Gray 


07/23/96 


96 CSE 0370 


Morrison 


05/17/96 


96 CSE 0379 


Reilly 


07/18/96 


96 CSE 0380 


West 


05/08/96 


96 CSE 0388 


Smith 


08/01/96 


96 CSE 0389 


Becton 


07/02/96 


96 CSE 0407 


Chess 


07/17/96 


96 CSE 0411 


Phipps 


06/24/96 


96 CSE 0412 


Mann 


08/05/96 


96 CSE 0417 


Gray 


06/24/96 


96 CSE 0424 


Morrison 


05/29/96 


96 CSE 0425 


Reilly 


07/08/96 


96 CSE 0426 


West 


06/24/96 


96 CSE 0427 


Smith 


08/01/96 


96 CSE 0428 


Becton 


08/02/96 


96 CSE 0429 


Chess 


08/26/96 


96 CSE 0430 


Phipps 


05/29/96 


96 CSE 0431 


Mann 


06/05/96 


96 CSE 0464 


Gray 


08/02/96 


96 CSE 0465 


Morrison 


08/02/96 


96 CSE 0502 


Reilly 


07/22/96 


96 CSE 0503 


West 


05/30/96 


96 CSE 0518 


Becton 


08/19/96 


96 CSE 0519 


Chess 


08/29/96 


96 CSE 0545 


Phipps 


07/25/96 


96 CSE 0547 


Mann 


09/12/96 


96 CSE 0557 


Morrison 


08/08/96 


96 CSE 0558 


Reilly 


08/14/96 


96 CSE 0559 


West 


06/24/96 


96 CSE 0564 


Smith 


08/15/96 


96 CSE 0568 


Becton 


06/24/96 


96 CSE 0580 


Chess 


06/13/96 


96 CSE 0581 


Phipps 


08/22/96 


96 CSE 0595 


Gray 


08/29/96 


96 CSE 0603 


Morrison 


08/26/96 


96 CSE 0629 


Reilly 


08/29/96 


96 CSE 0638 


West 


07/15/96 


96 CSE 0642 


Phipps 


09/03/96 


96 CSE 0651 


Becion 


09/30/96 


96 CSE 0690 


Mann 


07/23/96 


96 CSE 0703 


Gray 


10/04/96 


96 CSE 0732 


Morrison 


09/30/96 


96 CSE 0733 


Reilly 


09/30/96 


96 CSE 0774 


Smith 


11/13/96 


96 CSE 0790 


Becton 


08/14/96 


96 CSE 0844 


Phipps 


10/25/96 


96 CSE 0845 


Mann 


10/29/96 



PUBLISHED DECISION 
REGISTER CITATION 



1752 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



CONTESTED CASE DECISIONS 



AGENCY 



Philip Purnell v. Department of Human Resources 

Edwin Southards v. Department of Human Resources 

Mary Vanover v Department of Human Resources 

Cabot S- Pollard v. Department of Human Resources 

Johnnie B- Walton v. Department of Human Resources 

Timothy P. Ruth v. Department of Human Resources 

Thomas Lee Glenn v. Department of Human Resources 

William S. Freeman v. Department of Human Resources 

Randy Dale Finnicum v. Department of Human Resources 

William A- Cotton v Department of Human Resources 

Michael R. Bryant v. Department of Human Resources 

Washington J James, in v. Department of Human Resources 

Leslie E Little v. Department of Human Resources 

Tommy R. Thompson v. Department of Human Resources 

Kenneth R. Blount v. Department of Human Resources 

Anthony Bernard Crawford v. Department of Human Resources 

Harry J. Cook v Department of Human Resources 

Donald (Glendon) Ryan v. Department of Human Resources 

Jethero Davidson Jr v. Department of Human Resources 

Wilbert J Boykin v. Department of Human Resources 

Raymond G. Molina v. Department of Human Resources 

Robert R Pray v Department of Human Resources 

Marion A, Ward v. Department of Human Resources 

Robin G. Staten v. Department of Human Resources 

Edward F- Murphy v Department of Human Resources 

Robert A. Green v. Department of Human Resources 

Charlie Thomas Smith v Department of Human Resources 

Salvaiore Mitchell Dichiera v. Department of Human Resources 

Randy Earl Richardson v. Northampton County Dept of Social Services 

James McCollough v. Department of Human Resources 

Raleigh W. Nickerson v. Guilford County Child Support Enforcement 

Dennis R. Kozee v. Department of Human Resources 

Kelvine Lance Thompson v. Department of Human Resources 

Larry D. Worthy v. Forsyth County Child Support 

Christopher A. Abney v Department of Human Resources 

James A Fultz v. Department of Human Resources 

Man L Ross v. Department of Human Resources 

Reginald A. Barnes v Department of Human Resources 

Mark A, Blackburn v. Department of Human Resources 

Spencer B. Miller v. Department of Human Resources 

Kilamenjaro C Clifton v. Department of Human Resources 

Maria H- Morris v. Carteret County Child Support Agency 

Jeffrey S. Lerner v. Department of Human Resources 

Gary Lee Heafner Sr, v. Department of Human Resources 

Jeffrey Dale Grant v. Department of Human Resources 

Harold Ray Armstrong, Jr. v Department of Human Resources 

Joseph J. Dunn v. Department of Human Resources 

Archie Lee Oxendine v. Department of Human Resources 

Michael Bell v. Department of Human Resources 

Ramon Domenech v. Department of Human Resources 

Phillip L Lewis V Department of Human Resources 

John William Vestal Sr. v. Department of Human Resources 

Charles F. Haag. Jr. v. Department of Human Resources 

Walter Richardson, Jr. v. Department of Human Resources 

Clifton Huff V. Child Support Enforcement Mecklenburg 

Scott Sanders v Department of Human Resources 

Mark Stephens v Department of Human Resources 

Teresa Devalle v. Department of Human Resources 

Larry Michael Rollins, Jr. v. Department of Human Resources 

Kenneth Ray Lowery v Department of Human Resources 

Jeffrey Len Ezzell v. Department of Human Resources 

Tessa Jones v Department of Human Resources 

Ronald Graham Moore v Department of Human Resources 

John G Howard. Jr. v. Department of Human Resources 

Gregory B. Phy v. Department of Human Resources 

Raymond E. Smith v Department of Human Resources 

Robert A. Green v. Department of Human Resources 

Kevin J. Miller v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 CSE 0878 


Phipps 


10/25/96 


96 CSE 0968 


Gray 


10/25/96 


96 CSE 0981 


Morrison 


10/24/96 


96 CSE 


1012 


Reilly 


10/28/96 


96 CSE 


1071 


Smith 


11/14/96 


96 CSE 


1086 


Becton 


10/30/96 


96 CSE 


1170 


ReiUy 


12/10/96 


96 CSE 1184 


Smith 


01/10/97 


96 CSE 


1191 


Gray 


12/12/96 


96 CSE 


1212 


Morrison 


01/10/97 


96 CSE 


1253 


Phipps 


01/14/97 


96 CSE 


1276 


Chess 


11/04/96 


96 CSE 


1282 


Smith 


01/10/97 


96 CSE 


1328 


Mann 


12/10/96 


96 CSE 


1332 


West 


01/30/97 


96 CSE 


1333 


Smith 


11/14/96 


96 CSE 


1339 


Gray 


12/12/96 


96 CSE 


1344 


Becton 


01/31/97 


96 CSE 


1347 


Morrison 


11/14/96 


96 CSE 


1375 


Morrison 


12/10/96 


96 CSE 1378 


Gray 


12/12/96 


96 CSE 


1379 


Morrison 


01/09/97 


96 CSE 


1380 


Reilly 


11/15/96 


96 CSE 


1402 


Gray 


12/12/96 


96 CSE 


1412 


Smith 


12/12/96 


96 CSE 


1437*'= 


Gray 


12/12/96 


96 CSE 


1445 


Phipps 


12/12/96 


96 CSE 


1474 


Smith 


01/30/97 


96 CSE 


1486 


West 


01/31/97 


96 CSE 


1490 


Phipps 


01/09/97 


96 CSE 


1509 


Gray 


02/03/97 


96 CSE 


1518 


Becton 


01/31/97 


96 CSE 


1538 


Becton 


01/09/97 


96 CSE 


1546 


Phipps 


02/03/97 


96 CSE 


1552 


Reilly 


01/30/97 


96 CSE 


1560 


Phipps 


01/30/97 


96 CSE 


1580 


Phipps 


01/14/97 


96 CSE 


1581 


Mann 


12/10/96 


96 CSE 


1596 


Smith 


01/30/97 


96 CSE 


1607 


Morrison 


01/09/97 


96 CSE 


1615 


Morrison 


01/09/97 


96 CSE 


1618 


Smith 


01/10/97 


96 CSE 


1621 


Phipps 


01/09/97 


96 CSE 


1684 


Gray 


02/03/97 


96 CSE 


1753 


Reilly 


01/30/97 


96 CSE 


1763 


Gray 


02/03/97 


96 CSE 


177I»'^ 


Mann 


02/03/97 


96 CSE 


1797 


Morrison 


01/30/97 


96 CSE 


1800 


Morrison 


01/09/97 


96 CSE 


1912 


Gray 


02/03/97 


96 CRA 1225 


Becton 


12/18/96 


96 CRA 


1244 


Reilly 


12/10/96 


96 CRA 


1289 


Phipps 


12/12/96 


96 CRA 


1302 


Morrison 


12/10/96 


96 CRA 


1318 


Mann 


01/22/97 


96 CRA 


1320 


Morrison 


12/12/96 


96 CRA 1321 


Reilly 


12/13/96 


96 CRA 


1329 


Gray 


01/13/97 


96 CRA 


1341 


Reilly 


01/10/97 


96 CRA 


1355 


Becton 


01/15/97 


96 CRA 


1369 


Phipps 


12/12/96 


96 CRA 


1372 


Mann 


12/10/96 


96 CRA 


1374 


Gray 


01/14/97 


96 CRA 


1386 


Reilly 


12/13/96 


96 CRA 


1399 


West 


11/14/96 


96 CRA 


1404 


West 


01/10/97 


96 CRA 1436»'= 


Gray 


12/12/96 


96 CRA 1443 


Becton 


01/13/97 



PUBLISHED DECISION 
REGISTER CITATION 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1753 



CONTESTED CASE DECISIONS 



AGENCY 



Timoihy Schnell v Depariment of Human Resources 

Roger W Taylor v Depariment of Human Resources 

Barbara Renea Caldwell v Cumberland Ciy Child Support Enforcement 

Lee G. Sanders Jr v Department of Human Resources 

Brian Kevm King v Department of Human Resources 

Laura D, Prince v Department of Human Resources 

George D Brickell v Department of Human Resources 

Kelvme Lance Thompson v Department of Human Resources 

Marcus Watkms v Stanly County Depariment of Social Services 

David Lynn Jones v. Department of Human Resources 

Keith W. Phillips v. Cleveland Ciy Department of Social Services 

Judy R Johnson v Department of Human Resources 

Levern Blue v Depariment of Human Resources 

Michael E. Kimbril v Child Support Agency Buncombe County 

Spencer L, Allen v. Department of Human Resources 

Joseph J Dunn v Department of Human Resources 

Melinda S Tunner v Department of Human Resources 

Jeanne G. Bishop v Department of Human Resources 

Rebecca Beaver v. Department of Human Resources 

Vivian B. White v Department of Human Resources 

Mary R- Mahon v. Department of Human Resources 

Mary R. Mahon v Depariment of Human Resources 

Laura Heidorf v Department of Human Resources 

Lois Floyd Barber v Department of Human Resources 

La Rue Herring v Department of Human Resources 

Debra D Hammonds v. Department of Human Resources 

Vickie Osona v Depariment of Human Resources 

Trine P. Bollinger v Department of Human Resources 

Christie L Piitman v Depariment of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 CRA 1447 


Morrison 


01/30/97 


96 CRA 1478 


Mann 


01/10/97 


96 CRA 1510 


Reilly 


01/14/97 


96 CRA 1515 


Reilly 


01/13/97 


96 CRA 1516 


West 


01/13/97 


96 CRA 1517 


Smith 


01/13/97 


96 CRA 1526 


Morrison 


12/10/96 


96 CRA 1537 


Becion 


12/18/96 


96 CRA 1554 


West 


01/13/97 


96 CRA 1565 


West 


01/13/97 


96 CRA 1527 


West 


01/14/97 


96 CRA 1631 


Phipps 


01/14/97 


96 CRA 1650 


West 


01/14/97 


96 CRA 1666 


Smith 


01/14/97 


96 CRA 1676 


Smith 


01/14/97 


96 CSE 1770*" 


Mann 


02/03/97 


95 DCS 0921 


Morrison 


05/09/96 


95 DCS 0958 


West 


04/04/96 


95 DCS 1114 


Reilly 


04/26/96 


95 DCS 1115 


Phipps 


06/04/96 


95 DCS 1137»" 


Chess 


06/11/96 


95 DCS 1142*" 


Chess 


06/11/96 


96 DCS 0065 


Reilly 


03/22/96 


96 DCS 0176 


Gray 


07/30/96 


96 DCS 0298 


Gray 


11/06/96 


96 DCS 0792 


Chess 


10/08/96 


96 DCS 1140 


Gray 


12/12/96 


96 DCS 1353 


Smith 


12/12/96 


96 DCS 1561 


Mann 


01/27/97 



PUBLISHED DECISION 
REGISTER CITATION 



INSURANCE 



Carol M Hall v. Teachers & State Employees Comp Major Medical Plan 95 INS 1141 

Arthur Wayne Dempsey v Department of Insurance 

Deborah B. Beavers v. Teachers & St. Emp. Comp, Major Med Plan 

Nadia A, Hakim v. Department of Insurance 

Kathleen D. Jarvis v Teachers & Si, Emp Comp Major Med Plan 

Mary Alice Casey v Department of Insurance 

Nancy C Lowe v. Teachers & State Employees Comp, Major Med Plan 



95 INS 1141 


Phipps 


95 INS 1255 


Smith 


95 INS 1411 


Smith 


95 INS 1422 


Smith 


96 INS 0075 


Morrison 


96 INS 0148 


Reilly 


96 INS 0726 


West 



04/01/96 
04/22/96 
05/10/96 
03/26/96 
10/16/96 
08/14/96 
11/20/96 



1 1 :05 NCR 308 



JUSTICE 



Wendy Atwood v Department of Justice (Company Police Program) 
Deborah K. Torrance v. Company Police Program Administrator 
John Beach v. Alarm Systems Licensing Board 
Ronald R, Coats v Alarm Systems Licensing Board 



96 DOJOlll 


Chess 


08/07/96 


96 DOJ 0363 


Becton 


08/14/96 


96 DOJ 1362 


West 


11/19/96 


96 DOJ 1364 


Phipps 


11/26/96 



Education and Training Standards Division 



Freddie Levern Thompson v, Criml Justice Ed & Training Stds Comm 

Shane Douglas Crawford v Sheriffs' Ed & Training Stds Comm, 

Charles Henry Daniels v. Criml. Justice Ed. & Training Stds, Comm, 

Valerie Maxme Brewington v. Criml. Justice Ed, & Training Stds, Comm 

Patricia Josephine Bonanno v Sheriffs' Ed & Training Stds, Comm 

Douglas Allan Stuari v. Sheriffs' Ed, & Training Stds Comm 

Rick M Evoy v. Criminal Justice Ed & Training Stds Comm 

Windell Daniels v. Criminal Justice Ed, & Training Stds Comm 

Gregory Lee Daughtridge v. Sheriffs' Ed & Training Stds Comm 

Sherrie Ann Gamey v. Sheriffs' Ed & Training Sids Comm 

Stuart Hugh Rogers v. Sheriffs' Ed & Training Stds Comm, 

Brian Thomas Craven v. Sheriffs' Ed, & Training Stds Comm 

Larry D Weston v, Sherilfs' Ed, & Training Stds Comm 

Carlton Gerald v. Criminal Justice Ed & Training Stds Comm, 

Ken Montie Oxendine v. Criminal Justice Ed, & Training Stds, Comm, 

James Leon Hunt v. Criminal Justice Ed, & Training Stds Comm, 

David Kent Knight v. Sheriffs' Ed. & Training Stds Comm. 

Demetrius Arnez Brown v Criminal Justice Ed. & Training Stds Comm. 

Claude F. Nunnery v Sheriffs' Ed & Training Stds Comm. 



95 DOJ 0731 


Chess 


02/29/96 


95 DOJ 0943 


Reilly 


05/17/96 


95 DOJ 1070 


West 


06/12/96 


95 DOJ 1129 


Smith 


04/12/96 


95 DOJ 1152 


Chess 


03/25/96 


95 DOJ 1189 


Morrison 


06/06/96 


95 DOJ 1235 


Chess 


03/25/96 


95 DOJ 1320 


Gray 


07/24/96 


96 DOJ 0027 


Reilly 


03/19/96 


96 DOJ 0028 


Becion 


08/09/96 


96 DOJ 0029 


West 


06/18/96 


96 DOJ 0036 


Gray 


07/09/96 


96 DOJ 0037 


Smith 


06/12/96 


96 DOJ 0068 


Gray 


03/26/96 


96 DOJ 0071 


West 


03/28/96 


96 DOJ 0077 


Phipps 


07/25/96 


96 DOJ 0115 


West 


03/28/96 


96 DOJ 0138 


Becton 


08/09/96 


96 DOJ 0305 


Gray 


08/28/96 



1754 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



CONTESTED CASE DECISIONS 



AGENCY 



Phrlip Purnell v. Department of Human Resources 

Edwm Southards v. Department of Human Resources 

Mary Vanover v Department of Human Resources 

Cabot S Pollard v Department of Human Resources 

Johnnie B. Walton v. Department of Human Resources 

Timothy P- Ruth v Department of Human Resources 

Thomas Lee Glenn v. Department of Human Resources 

William S, Freeman v Department of Human Resources 

Randy Dale Finnicum v. Department of Human Resources 

William A Cotton v. Department of Human Resources 

Michael R- Bryant v. Department of Human Resources 

Washington J. James, IE v. Department of Human Resources 

Leslie E Little v Department of Human Resources 

Tommy R. Thompson v. Department of Human Resources 

Kenneth R. Blount v Department of Human Resources 

Anthony Bernard Crawford v. Department of Human Resources 

Harry J. Cook v. Department of Human Resources 

Donald (Glendon) Ryan v. Department of Human Resources 

Jethero Davidson Jr v. Department of Human Resources 

Wilbert J. Boykin v. Department of Human Resources 

Raymond G Molina v Department of Human Resources 

Robert R- Pray v Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Robin G. Staten v Department of Human Resources 

Edward F. Murphy v Department of Human Resources 

Robert A. Green v. Department of Human Resources 

Charlie Thomas Smith v Department of Human Resources 

Salvatore Mitchell Dichiera v Department of Human Resources 

Randy Earl Richardson v. Northampton County Dept of Social Services 

James McCollough v Department of Human Resources 

Raleigh W. Nickerson v. Guilford County Child Support Enforcement 

Dennis R. Kozee v Department of Human Resources 

Kelvine Lance Thompson v Department of Human Resources 

Larry D Worthy v Forsyth County Child Support 

Christopher A. Abney v Department of Human Resources 

James A Fultz v. Department of Human Resources 

Mari L- Ross v Department of Human Resources 

Reginald A. Barnes v. Department of Human Resources 

Mark A. Blackburn v. Department of Human Resources 

Spencer B Miller v. Department of Human Resources 

Kilamenjaro C. Clifton v. Department of Human Resources 

Maria H. Morris v. Carteret County Child Support Agency 

Jeffrey S. Lerner v Department of Human Resources 

Gary Lee Heafner Sr- v. Department of Human Resources 

Jeffrey Dale Grant v. Department of Human Resources 

Harold Ray Armstrong, Jr. v. Department of Human Resources 

Joseph J. Dunn v. Department of Human Resources 

Archie Lee Oxendine v Department of Human Resources 

Michael Bell v. Department of Human Resources 

Ramon Domenech v. Department of Human Resources 

Phillip L Lewis v Department of Human Resources 

John William Vestal Sr. v Department of Human Resources 

Charles F. Haag, Jr. v. Department of Human Resources 

Waller Richardson. Jr, v Department of Human Resources 

Clifton Huff V. Child Support Enforcement Mecklenburg 

Scott Sanders v. Department of Human Resources 

Mark Stephens v Department of Human Resources 

Teresa Devalle v Department of Human Resources 

Larry Michael Rollins, Jr. v. Department of Human Resources 

Kenneth Ray Lowery v. Department of Human Resources 

Jeffrey Len Ezzell v. Department of Human Resources 

Tessa Jones v. Department of Human Resources 

Ronald Graham Moore v Department of Human Resources 

John G Howard, Jr v. Department of Human Resources 

Gregory B. Phy v. Department of Human Resources 

Raymond E. Smith v. Department of Human Resources 

Robert A Green v. Department of Human Resources 

Kevin J Miller v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


96 CSE 0878 


Phipps 


10/25/96 


96 CSE 0968 


Gray 


10/25/96 


96 CSE 0981 


Morrison 


10/24/96 


96 CSE 


1012 


Reilly 


10/28/96 


96 CSE 


1071 


Smith 


11/14/96 


96 CSE 


1086 


Becton 


10/30/96 


96 CSE 


1170 


Reilly 


12/10/96 


96 CSE 


1184 


Smith 


01/10/97 


96 CSE 


1191 


Gray 


12/12/96 


96 CSE 


1212 


Morrison 


01/10/97 


96 CSE 


1253 


Phipps 


01/14/97 


96 CSE 


1276 


Chess 


11/04/96 


96 CSE 


1282 


Smith 


01/10/97 


96 CSE 


1328 


Mann 


12/10/96 


96 CSE 


1332 


West 


01/30/97 


96 CSE 


1333 


Smith 


11/14/96 


96 CSE 


1339 


Gray 


12/12/96 


96 CSE 


1344 


Becton 


01/31/97 


96 CSE 


1347 


Morrison 


11/14/96 


96 CSE 


1375 


Morrison 


12/10/96 


96 CSE 


1378 


Gray 


12/12/96 


96 CSE 


1379 


Morrison 


01/09/97 


96 CSE 


1380 


Reilly 


11/15/96 


96 CSE 


1402 


Gray 


12/12/96 


96 CSE 


1412 


Smith 


12/12/96 


96 CSE 


1437*'- 


Gray 


12/12/96 


96 CSE 


1445 


Phipps 


12/12/96 


96 CSE 


1474 


Smith 


01/30/97 


96 CSE 


1486 


West 


01/31/97 


96 CSE 


1490 


Phipps 


01/09/97 


96 CSE 


1509 


Gray 


02/03/97 


96 CSE 


1518 


Becton 


01/31/97 


96 CSE 


1538 


Becton 


01/09/97 


96 CSE 


1546 


Phipps 


02/03/97 


96 CSE 


1552 


Reilly 


01/30/97 


96 CSE 


1560 


Phipps 


01/30/97 


96 CSE 


1580 


Phipps 


01/14/97 


96 CSE 


1581 


Mann 


12/10/96 


96 CSE 


1596 


Smith 


01/30/97 


96 CSE 


1607 


Morrison 


01/09/97 


96 CSE 1615 


Morrison 


01/09/97 


96 CSE 


1618 


Smith 


01/10/97 


96 CSE 


1621 


Phipps 


01/09/97 


96 CSE 


1684 


Gray 


02/03/97 


96 CSE 


1753 


Reilly 


01/30/97 


96 CSE 


1763 


Gray 


02/03/97 


96 CSE 


177I*'-' 


Mann 


02/03/97 


96 CSE 


1797 


Morrison 


01/30/97 


96 CSE 


1800 


Morrison 


01/09/97 


96 CSE 


1912 


Gray 


02/03/97 


96CRA 


1225 


Becton 


12/18/96 


96 CRA 


1244 


Reilly 


12/10/96 


96 CRA 


1289 


Phipps 


12/12/96 


96 CRA 


1302 


Morrison 


12/10/96 


96 CRA 


1318 


Mann 


01/22/97 


96 CRA 


1320 


Morrison 


12/12/96 


96 CRA 


1321 


Reilly 


12/13/96 


96 CRA 


1329 


Gray 


01/13/97 


96 CRA 


1341 


Reilly 


01/10/97 


96 CRA 


1355 


Becton 


01/15/97 


96 CRA 


1369 


Phipps 


12/12/96 


96 CRA 


1372 


Mann 


12/10/96 


96 CRA 1374 


Gray 


01/14/97 


96 CRA 


1386 


Reilly 


12/13/96 


96 CRA 


1399 


West 


11/14/96 


96 CRA 


1404 


West 


01/10/97 


96 CRA 


1436*' = 


Gray 


12/12/96 


96 CRA 


1443 


Becton 


01/13/97 



PUBLISHED DECISION 
REGISTER CITATION 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1753 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Ethel R, Tyson v NC Judicial Depc. Adminisiralive Office of the Court 96 OSP 0080 

Albemarle Menial Health Center 

Judy A, Gordon v Albemarle Mental Health Center 96 OSP 0354 

Appalachian Stale University 

Janice S. Walton v ASU. Beverly Christian, Joan Critcher, Libby Clawson96 
Janice S. Walton v Appalachian St University. Claude Cooper. Bill Ragan96 
Janice S. Carroll v. Appalachian St University. Claude Cooper. Bill Ragan96 
Theresa Louise Whitlington v Appalachian State University 96 

A & T Stale University 

Joey M Carey v A & T Slate University 

Caldwell Courtly 

Blake C Pace v, Caldwell County 

Calawha County Mental Health 

Tonyer J Ruff v Catawba County Mental Health 

A'C Central University 



Francina Y Tate v. Chancellor Julius L Chambers. NC Central Univ. 
Renee Lynch v- NC Central University 

Central North Carolina School for the Deaf 

Felicia S Milton v Central North Carolina School for the Deaf 



96 OSP 0393 



96 OSP 0047 



96 OSP 0951 



95 
95 



OSP 1432 
OSP 1461 



Smith 



Chess 



95 OSP 1241 



West 



Morrison 



Becton 



Smith 
Smith 



Chess 



03/15/96 



10/17/96 



OSP 0055 


West 


01/15/97 


OSP 0062 


West 


03/13/96 


OSP 0063 


West 


03/07/96 


OSP 0350 


Smith 


10/09/96 



10/10/96 



04/01/96 



10/22/96 



04/22/96 
10/03/96 



05/17/96 



11:15 NCR 1255 



Department of Correction 

Haydee Craver v. Department of Correction. Pender Correctional Inst, 95 OSP 1046 Gray 

Gregory Allen Jones v Department of Correction. Supt, Bonnie Boyette 95 OSP 1290 Phipps 

Carolyn Cheek v. Department of Correction 95 OSP 1441 Smith 

Calvia L Hill v. Department of Correction. McCain Correctional Hospital 95 OSP 1460 Gray 

96 OSP 0092 Gray 

96 OSP 0199 Morrison 

96 OSP 025X West 

96 OSP 0261 Morrison 

96 OSP 0279 Phipps 

96 OSP 0348 Phipps 

96 OSP 0372*' Smith 



Alisha Louise Sialey v Randolph Correctional Center 

Brenda Propsi v Foothills Correctional Institution 

Delon D. Solomon v. Department of Correction 

Alisha Louise Staley v, Randolph Correctional Center 

Ann Williams v. Department of Correction 

Haydee C Craver v. Department of Correction. Christopher Phillips 

Dwight Taylor. Mike Estep. Jackie Boone. Robert Pitman. Jeffery Clark 

V, Department of Correction 
Dwight Taylor. Mike Estep, Jackie Boone. Robert Pitman. Jeffery Clark 

V Department of Correction 
Dwight Taylor. Mike Estep. Jackie Boone. Robert Pitman. Jeffery Clark 

V Department of Correction 
Dwight Taylor, Mike Estep. Jackie Boone. Robert Pitman. Jeffery Clark 

V Department of Correction 
Dwight Taylor. Mike Estep. Jackie Boone. Robert Pitman, Jeffery Clark 

V. Department of Correction 
Rebecca A. Faison v. Department of Correction for Women 
Calvia L Hill v. Department of Correction. McCain Correctional Hospital 96 
Pamela Robinson v. Department of Correction 96 

James A. Klein v Department of Correction 96 

Tony R. Broffman v. Department of Correction 96 

Mary Hargraves v. Department of Correction 96 

Michael S. Doe v. Caswell Center 96 

Timothy L- Willis v Caswell Correctional Center 96 

Alisha Louise Staley v. Randolph Correctional Center 96 

Sharon Oxendine v Department of Correction 96 

Charles H, Perry v. Department of Correction 96 



96 OSP 0373*' Smith 



OSP 0374» 
OSP 0375* 



96 OSP 0376* 



96 



OSP 0383 
OSP 0397 
OSP 0403 
OSP 0434 
OSP 0625 
OSP 0674 
OSP 0691 
OSP 0715 
OSP 0780 
OSP 0999 
OSP 1542 



Smith 

Smith 

Smith 

Becton 

Gray 

Phipps 

Gray 

Becton 

Smith 

Phipps 

West 

Smith 

Becton 

Reilly 



03/12/96 
05/14/96 
09/19/96 
05/17/96 
06/03/96 
04/09/96 
07/02/96 
08/05/96 
10/31/96 
05/15/96 
07/05/96 

07/05/96 

07/05/96 

07/05/96 

07/05/96 

10/01/96 
08/15/96 
12/18/96 
10/29/96 
08/29/96 
09/05/96 
09/23/96 
07/30/96 
10/16/96 
10/22/96 
01/02/97 



1756 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
>)UMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Craven County Health Department 

Craven County Health Department 



Linda Walker v 
Patricia Kemp v 
Patricia Kemp v 



Craven County Health Department 
Craven County Health Department 



95 OSP 1171*" Smith 

95 OSP 1233*'* Smith 

96 OSP 0324*'* Smith 



Department of Crime Control and Public Safely 

Jerry Lee Fields v State Highway Patrol 

Gene Wells v Crime Control & Public Safety. State Highway Patrol 

Hearl Oxendine v. Crime Control & Public Safety. St, Highway Patrol 

Jerry Lee Fields v. State Highway Patrol 

Gene Wells v Crime Control & Public Safety, State Highway Patrol 

Peter Mason Griffin v Crime Control &Public Safety. St Highway Patrol 96 OSP 1309 Gray 



95 OSP 0176 



West 



94 OSP 1721 


Reilly 


09/26/96 


96 OSP 0150 


Chess 


05/08/96 


96 OSP 0212 


Gray 


01/10/97 


96 OSP 0759 


Smith 


12/19/96 



Durham County Health Department 

Lylla D. Stockton v Durham County Health Department 

East Carolina University 

Gregory Lapicki v. East Carolina University 

Bela E Karvaly, Ph D v ECU Bd of Trustees. Ch Richard R Eakin 

Teresa Dail McCaskill v. East Carolina University 

Richard Paul Schneck v ECU Human Res., Sch. of Med . Psych. Med 



Employment Security Commission 

Gene S Baker v Gov James B Hunt. Jr , Ann Q Duncan. Chairman. 93 OSP 0707 Becton 

Employment Security Commission 
William Herbert Allen v. Employment Security Commission 
Patricia Gary v. Employment Security Commission 
Tonderlier Lynch v. Emp. Security Comm.. Austin Quality Foods, Inc. 
Jessie James Thomas. Jr. v. Employment Security Commission 

Department of Environment, Health, and Natural Resources 



94 OSP 1688 

95 OSP 0793 

96 OSP 0275 
96 OSP 1961 



West 
Chess 
Chess 
Phipps 



Roberta Ann "Robin" Hood v. Environment. Health. & Natural Resources 95 OSP 0035 
Kathy B. Vinson v. Dept. of Environment. Health. & Natural Resources 95 OSP 0203 
Donald E Baits v Division of Adult Health, EHNR 95 OSP 1071 

Fayette ville State University 

William C Neal v Fayetteville State University 95 OSP 0392 

Guilford County Area Mental Health, Developmental Disabilities and Substance Abuse 

Stuart Klatte v Guilford Cty Area MH/DD/SAS. St Per Comm. OSP 95 OSP 1179 



Department of Human Resources 

Sheila Logan v Black Mountain Center. Dept of Human Resources 

Myron A Smith v. DHR. Division of Child Development 

Ophelia Webb v Edard R. Inman. Dir Alamance Cty DSS. Alamance 

Cty DSS. Alamance County, and DHR 
Peggy Pledger v Department of Human Resources. Dorothea Dix Hosp 
Peggy Pledger v Department of Human Resources. Dorothea Dix Hosp. 
Peggy Pledger v. Department of Human Resources. Dorothea Dix Hosp. 
Gail Marie Rodgers Lincoln v DHR. DMH/DD/SAS-Cherry Hosp., 

Cherry Hospital 
Cynthia D. Hickman v. DHR, Central School for the Deaf 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Peggy Pledger v. Department of Human Resources, Dorothea Dix Hosp. 
Mary A. Boogaerts v. Cherry Hospital. Goldsboro. NC 
Kelvin Parter v. Dorothea Dix Hospital 

Johnny Earl Young v Unit Head Director of Food & Nutrition 
Johnny Earl Young v Unit Head Director of Food & Nutrition 
Kim A Bell v. Walter B. Jones Alcohol & Drug Abuse Treatment Center 



Smith 



Smith 



01/24/97 
01/24/97 
01/24/97 



94 OSP 1174*'° 


Gray 


08/05/96 


95 OSP 0249*" 


Smith 


07/23/96 


95 OSP 0697 


Smith 


10/16/96 


95 OSP 0836*'° 


Gray 


08/05/96 


95 OSP 1050*' 


Smith 


07/23/96 


96 OSP 1309 


Gray 


12/12/96 



07/02/96 



05/16/96 

06/11/96 
05/14/96 
05/21/96 
01/27/97 



04/22/96 



07/19/96 



95 OSP 0672 


Chess 


01/24/97 


95 OSP 1033 


Morrison 


11/27/96 


96 OSP 0112 


Gray 


03/13/96 


96 OSP 0114*" 


Gray 


11/05/96 


96 OSP 0146*" 


Gray 


11/05/96 


96 OSP 0147*" 


Gray 


11/05/96 


96 OSP 0159 


Chess 


06/17/96 


96 OSP 0191 


Becton 


09/23/96 


96 OSP 0217 


Reilly 


08/13/96 


96 OSP 0241*" 


Gray 


11/05/96 


96 OSP 0269 


Becton 


05/29/96 


96 OSP 0294 


Chess 


08/07/96 


96 OSP 0543 


Reilly 


07/09/96 


96 OSP 0590 


Reilly 


07/09/96 


96 OSP 0597 


Becton 


09/11/96 



1 1 05 NCR 300 



Reilly 


04/09/96 




Gray 


09/18/96 


11:13 NCR 1087 


Smidi 


10/01/96 





11:10 NCR 865 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1757 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



95 OSP 1487 



Allen J. Wright. Jr v Blue Ridge Area Authority 96 OSP 0665 

Lynn S Hales v. John Umsiead Hospital 96 OSP 0729 

Deborah Ayala v. DHR/DSS/Child Support Enforcement 96 OSP 1062 

Jacqueline C Branch v. Division ol" Facility Services 96 OSP 1089 

Buncombe Coimn Depanmen! of Social Senices 

Kathy Davis v Buncombe County Department of Social Services 

Caswell Center 

Ramona C, Jenkins v Department of Human Resources, Caswell Center 
Ramona C Jenkins v Department of Human Resources. Caswell Center 
Franklin D, Sutton v Department of Human Resources. Caswell Center 

Cumberland County Department of Social Senices 
Ruth Former v Cumberland County Department of Social Services 96 OSP 0829 

Durham County Department of Social Senices 
Jan E Smith v Durham County Department of Social Services 95 OSP 1121 

Halifax County Department of Social Senices 
Clairbel Thomas v Halifax County DSS & Director. Halifax County DSS 95 OSP 0905 

Hawvood County Department of Social Senices 
Carol Hubbard v Haywood County Department of Social Services 95 OSP 1084 

Lenoir County Department of Social Senices 



Sharron S Moten v Lenoir County DSS. Jack B Jones 
Felicia Ann Baker v Lenoir County DSS. Jack B Jones 

Division of Medical Assistance 

Harold Wiggins v Division of Medical Assistance 

O'Berry Center 

Samuel Geddie v. O'Berry Center 

Gale Worrells v. Department of Human Resources. O'Berry Center 

Rockingham County Department of Social Senices 
Lorretia Lawson v Rockingham County DSS 

Vance County Department of Social Senices 
Robert Eugene Davis v Vance County Department of Social Services 

Wake County Department of Social Senices 
Phylis Gilbert v Wake County Department of Social Services 

Wilson County Department of Social Senices 
Karen R Davis v Wilson County Department of Social Services 
Department of Insurance 
Larry W. Creech v. Department of Insurance 
Departmenl of Labor 
Kevin P Kolbe. Sr v. Department of Labor 



96 OSP 1100 
96 OSP 1101 



95 OSP 1482 



96 OSP 0414 
96 OSP 1011 



96 OSP 0471 



96 OSP 0157 



95 OSP 1238 



96 OSP 0394 



95 OSP 0631 



95 OSP 0968 



Reilly 
West 
Smith 
Smith 



West 



Becton 



Morrison 



West 



Reilly 



Gray 
Grav 



West 



Morrison 
Gray 



West 



Reilly 



Phipps 



Chess 



Reilly 



Morrison 



12/20/96 
10/02/96 
10/29/96 
12/09/96 



08/09/96 



89 OSP 0411 


Becton 


03/26/96 






91 OSP 0522 


Becton 


03/26/96 


11:02 NCR 


89 


94 OSP 0766 


Smith 


03/21/96 







12/02/96 



05/24/96 



05/29/96 



08/30/96 



12/06/96 
12/12/96 



06/11/96 



06/13/96 
01/09/97 



06/13/96 



10/28/96 



06/27/96 



11/01/96 



06/06/96 



03/14/96 



11:06 NCR 395 



11 13 NCR 1092 



11:21 NCR 1699 



11:07 NCR 434 



11:01 NCR 58 



1758 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



New Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Pembroke State University 

Bruce W- Hum v. Pembroke State University 

Department of Public Instruction 

Johnny Leak v. Public Schools of NC, Depi. of Public Instruction 
McLennard Jay v Person County Schools 



95 OSP 1035 Smith 



95 OSP 1288 



96 OSP 0861 
96 OSP 0862 



Becton 



Phipps 
Phipps 



Sandhill Community College 

Earl Levon Womack v. Sandhill Community College Bd. of Trustees 96 OSP 0573 Phipps 



Office of the State Controller 

Angela M, Terry v. Office of the State Controller 

North Carolina State University 

Vernell Mitchell v. North Carolina Cooperative Extension 
Frederick A Parmley v, NCSU Public Safety 
Harvey Lee Clemmons v. North Carolina State University 
Andrew W, Gholson v. North Carolina State University 

Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Dorothy J. Grays v Div of Motor Vehicles. Dept. of Transportation 

Bobby R. Mayo v. Department of Transportation 

James H, Broyhill v. Department of Transportation 

Bobby R. Mayo v. Department of Transportation 

Pearlie M Simuel-Johnson v. Department of Transportation 

Lisa Ann Lee v Department of Transportation 

Melvin Duncan v Department of Transportation 

Greg Brown v. Department of Transportation 

Jesse Wayne Castle v. Slate Highway Maint,. Guess Rd,. Durham, NC 

Archie Brooks v. W. F. Rosser. Department of Transportation 

Jessie L, Allen et al. v. DMV Enforcement Section 

Dwight Odell Graves v. DOT Maintenance, Caswell County 

R L- Singleton v Department of Transportation 

William Dean GiUenwater v. Department of Transportation 

Stephanie Taylor v Department of Motor Vehicles 

Tri-County Mental Health Complex 

Deborah Heil v, Tri-County Mental Health Complex 

University of North Carolina 

Pamela B Edwards v. University of North Carolina at Chapel Hill 

Keith R. Cameron v. University of North Carolina al Chapel Hill 

Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 

Bela E Karvaly, Ph.D. v, UNC Bd. of Gov., Pres. CD. Spangler, Jr. 

Carl E Whigham v. UNC Hospitals at Chapel Hill 

J. Scott Spears v. Ralph Pederson and UNC-C 

Nellie Joyce Ferguson v. UNC Physicians & Assoc, Charles Foskey, Dir. 

Mae Helen Lewis v. UNC Greensboro - Physical Plant 

Donna M. VanHook v. UNC Hospitals at Chapel Hill 

Wake County Board of Health 



96 OSP 0402 



Becton 



95 OSP 1100 



Smith 



95 OSP 0842 


Chess 


95 OSP 1060 


Morrison 


96 OSP 0026 


Gray 


96 OSP 0151 


Chess 


96 OSP 0248 


Chess 


96 OSP 0548 


Chess 


96 OSP 0977 


Phipps 


96 OSP 1000 


Reilly 


96 OSP 1103 


Gray 



03/01/96 



12/02/96 



09/05/96 
09/04/96 



07/25/96 



08/07/96 



96 OSP 0132 


Gray 


05/10/96 


96 OSP 1037 


Smith 


01/14/97 


96 OSP 1426 


Reilly 


01/16/97 


96 OSP 1730 


Reilly 


01/15/97 



94 OSP 0589-' 


Gray 


03/01/96 




94 OSP 1044 


Reilly 


04/12/96 


11:03 NCR 173 


95 OSP 0561*" 


Reilly 


01/08/97 




95 OSP 0673 


Gray 


12/02/96 




95 OSP 0798*" 


Reilly 


01/08/97 




95 OSP 0837*' 


Gray 


03/01/96 




95 OSP 1099 


Reilly 


07/31/96 




95 OSP 1462 


Morrison 


03/08/96 




96 OSP 0048 


Reilly 


05/02/96 




96 OSP 0087 


Gray 


04/15/96 




96 OSP 0239 


Smith 


05/17/96 




96 OSP 0408 


Becton 


08/12/96 




96 OSP 0616 


Morrison 


10/24/96 




96 OSP 0683 


Becton 


08/12/96 




96 OSP 0684 


Gray 


12/13/96 




96 OSP 0955 


Becton 


08/29/96 


11; 13 NCR 1095 



03/22/96 



06/28/96 
06/24/96 
03/12/96 
05/08/96 
06/11/96 
08/30/96 
10/02/96 
10/21/96 
01/29/97 



11:01 NCR 61 



-* Consolidated cases. 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



1759 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 

^aJ^IBER 



ALJ 



DATE OF 
DECISION 



PLIBLISHED DECISION 
REGISTER CITATION 



Debbie L Whitley v. Env. Health Div Wake Cty Dept. of Health 

Western Carolina Vniversity 

Kristin K Parkinson v Western Carolina University 

Winston Salem Slate L'niversity 

Gejuan Long v Winston Salem Slate University 
Rebecca Williams v Winston Salem State University 

STATE TREASLHER 

Donald B Durham v Teachers' & St. Employees Retirement Sys 
Joyce Clyburn v. Dept of State Treasurer Retirement Systems Division 

DEPARTMENT OF TRANSPORTATION 

James E Phillips v Dept of Transportation. Div. of Motor Vehicles 

UNIVERSITY OF NORTH CAROLINA 

Sylvia Jeffries v. University of NC Hospitals at Chapel Hill 

James E. Boudwin v. University of NC Hospitals at Chapel Hill 

Rufus T. Moore Jr. v. UNC Hospital 

Marcia Spruill v. UNC Hospitals - Patient Accounts 

Charles E. Houlk v. UNC Hospitals 



96 OSP 1090 



96 OSP 0987 



96 OSP 0253 
96 OSP 0807 



92 DST 1066 
96 DST 1087 



96 DOT 1829 



Smith 



Becion 



Gray 

Smith 



Chess 

Smith 



Reilly 



09/05/96 



10/22/96 



01/17/97 
01/23/97 



07/17/96 
10/18/96 



12/10/96 



96 UNC 0067 


Gray 


04/16/96 


96 UNC 0343 


Chess 


07/22/96 


96 UNC 0470 


Reillv 


08/12/96 


96 UNC 0500 


Becton 


07/10/96 


96 UNC 0588 


Morrison 


08/09/96 



11;09NCR 810 



1760 



NORTH CAROLINA REGISTER 



February 14, 1997 



11:22 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF ORANGE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

96 DHR 0513 



TAR HEEL HOME HEALTH, INC., 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF HUMAN 
RESOURCES, DIVISION OF FACILITY SERVICES, 
CERTIFICATE OF NEED SECTION, 
Respondent. 

and 

TOTAL CARE. INC. 

Respondent-Intervenor, 



RECOMMENDED DECISION 



In the above-captioned contested case. Petitioner Tar Heel Home Health, Inc. ("Tar Heel") challenges the decision 
of the North Carolina Department of Human Resources, Division of Facility Services, Certificate of Need Section ("CON 
Section" or "the Agency") to award a Certificate of Need ("CON") to Total Care, Inc. ("Total Care") and to deny Tar 
Heel's application for a CON. 

Pursuant to N.C.G.S. § 131E-188(a) and 150B-23 through 37, a contested case hearing was held in this matter on 
November 19-22, 25-28 and December 2-5, 1996, in Raleigh, North Carolina before the undersigned Administrative Law 
Judge. 

APPEARANCES 

Renee J. Montgomery and James C. Thornton of Parker, Poe, Adams & Bernstein, L.L.P. represented Petitioner 
Tar Heel Home Health, Inc. Lauren Murphy Clemmons, Assistant Attorney General, represented Respondent CON Section. 
Joy H. Thomas and Denise Smith Cline of Moore & Van Allen, P.L.L.C. represented Respondent-Intervenor Total Care, 
Inc. 

APPLICABLE LAW 

1. The procedural statutory law applicable to this contested case is Article 3 of the North Carolina 
Administrative Procedure Act, N.C.G.S. § 150B-22 et se§. and § 131E-I88 of the North Carolina Certificate of Need law. 

2. The substantive statutory law applicable to this contested case is the North Carolina Certificate of Need law, 
N.C.G.S. § 131E-175 et seq. 

3. The administrative regulations applicable to this contested case hearing are the North Carolina Certificate 
of Need Program Administrative Regulations, 10 N.C.A.C. 3R.0100 et seg., in panicular 10 N.C.A.C. 3R.2000 et seq . 
(Criteria and Standards for Home Health Services), 10 N.C.A.C. 3R. 3030(6) (the home health agency need determination), 
and 10 N.C.A.C. 3R. 3050(b)(3) (Policy C.3 of the 1995 State Medical Facilities Plan). The Office of Administrative 
Hearings Regulations, 26 N.C.A.C. 3.0001 et seg. are also applicable to this contested case hearing. 

ISSUES 



1. 



The issue in this contested case is: 



Whether the CON Section, in making its decision to deny the application of Tar Heel and to conditionally approve 
the application of Total Care, substantially prejudiced Petitioner Tar Heel's rights, and (1) exceeded its authority or 
jurisdiction; (2) acted erroneously; (3) failed to use proper procedure; (4) acted arbitrarily or capriciously; or (5) failed to 
act as required by law or rule in violation of N.C.G.S. § I50B-23(a). 



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After examination of the record and consideration of the panics' stipulations, the evidence presented at the hearing, 
the presentations of counsel, briefs and the proposed findings of facts and conclusions of law presented by the panics, the 
Administrative Law Judge recommends the following: 

FINDINGS OF FACT 

Stipulated Facts : 

2. It is stipulated in the Pre-Hearing Order that the following statutory review criteria are not applicable to 
Tar Heel's Certificate of Need application: N.C.G.S. § 131E-183(a)(3a), (9), (10), and (12). 

3. It is stipulated by the panics in the Pre-Hearing Order that the following statutory review criteria are not 
applicable to Total Care's Certificate of Need application: N.C.G.S. § 131E-183(a)(3a), (9), (10), and (12). 

.4diudicated Facts : 

I. BACKGROL^D 

4. The 1995 State Medical Facilities Plan ("SMFP") allocated one additional home health agency to be located 
in Orange County. Si.x applicants submitted applications to establish home health agencies or offices in Orange County in 
a review which commenced on November 1, 1995. These applications were reviewed competitively since only one home 
health agency or office could be approved in Orange County. 

5. Tar Heel proposed in Project I.D. No. J-5257-95 to develop a Medicare certified home health agency in 
Orange County. 

6. Total Care proposed in Project I.D. No. J-5266-95 to develop a branch office of its Medicare certified home 
health agency in Orange County. 

7. By letter dated March 29. 1996. the CON Section disapproved the CON application of Tar Heel and 
conditionally approved the CON application of Total Care. The other four CON applications were disapproved. On April 
8, 1996, the CON Section sent Tar Heel written notice of its findings and conclusions upon which it based its decision to 
disapprove Tar Heel's Certificate of Need application and to conditionally approve the Certificate of Need application of 
Total Care. 

8. On April 29, 1996, Tar Heel filed a Petition for Contested Case Hearing with the Office of Administrative 
Hearings, identified as 96-DHR-0513. 

9. On May 29, 1996, Total Care moved to intervene in contested case 96-DHR-0513 and was allowed to 
intervene by the undersigned by Order filed May 30, 1996. 

10. N.C.G.S. § 131E-183(a) requires that: 

"The Department shall re\iew all applications utilizing the criteria outlined in this 
subsection and shall determine that an application is either consistent with or not in 
conflict with these critena before a Certificate of Need for the proposed project shall be 
issued." 

1 1 . The CON Section determined that both the Tar Heel and Total Care applications conformed to all statutory 
and regulatory criteria. Each of the other four competing applications was found to be non-conforming with at least two 
or more of the applicable statutorv' and regulatory criteria. 

12. Policy C.3 of the 1995 State Medical Facilities Plan, promulgated as a regulation, 10 N.C.A.C. 
3R. 3050(b)(3), states: 

"After applying other required criteria, when superiority among two or more competing 
home health agency or office certificate of need applications is uncertain, favorable 
consideration shall be given to proposals which: (A) provide an expanded scope of 

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CONTESTED CASE DECISIONS 



services (including nursing, physical therapy, speech therapy, and home health aide 
service); (B) provide the widest range of treatments within a given service; and, (C) have 
the ability to offer services on a seven days per week basis as required to meet patient 
needs." 

II. REVIEW CRITERION i 

13. N.C.G.S. § 131E-183(a)(l), review Criterion 1, requires that a proposed project be consistent with the 
applicable policies and need determinations in the SMFP. The project analyst appropriately determined that both Tar Heel 
and Total Care were individually conforming with the need determinations in the SMFP since both applicants intended to 
establish only one home health agency or office in Orange County. 

14. The project analyst also determined that both Tar Heel and Total Care were individually conforming with 
Policy C.3 of the 1995 SMFP. In determining that each applicant conformed with this policy, he found that each of the 
applicants proposed to offer services on a seven (7) day per week basis, each proposed to provide an expanded scope of 
services, and each proposed a wide range of treatments within the proposed service disciplines. 

15. Policy C.3 is a comparative criteria which should be applied "after applying other required criteria, when 
superiority among two or more competing home health agency or office Certificate of Need applications is uncertain." The 
project analyst did not mention Policy C.3 in his comparative analysis. Consequently, the project analyst erred in applying 
this criterion only on an individual basis under Criterion 1 and not in his comparative analysis of the applicants. This Policy 
should be one of the determining factors in the comparative review of Certificate of Need applications for home health 
agencies or offices that otherwise conform to all of the other required criteria. 

16. In applying Policy C.3 on a comparative basis, as discussed below in the findings on comparative analysis, 
Tar Heel's application proposes a more expansive scope of services and a wider range of treatments within a given service 
than Total Care's application. 

m. REVIEW CRITERION 3 

17. N.C.G.S. § 131(a)(3), Review Criterion 3, requires an applicant to identify the population to be served by 
the proposed project, and demonstrate the need that this population has for the services proposed, and the extent to which 
all residents of the area, and, in particular, low income persons, racial and ethnic minorities, women, handicapped persons, 
the elderly, and other underserved groups are likely to have access to the services proposed. 

18. The project analyst found that both Tar Heel and Total Care conformed with this review criterion, finding 
that each applicant had adequately identified the population it proposed to serve and demonstrated the need that this 
population has for the services it proposed to provide. 

19. The project analyst did not err in his determination that Tar Heel's application conforms with statutory 
review Criterion 3. 

20. The project analyst did not err in his determination that Total Care's application, when reviewed 
independently, conforms with statutory review Criterion 3. 

rV. REVIEW CRITERION 4 

21. N.C.G.S. § 131E-183(a)(4), Review Criterion 4, requires that where alternative methods of meeting the 
needs for the proposed project exist, the applicant shall demonstrate that the least costly or most effective alternative has been 
proposed. 

22. The project analyst determined that both Tar Heel and Total Care had discussed other alternatives in their 
respective applications and that each was conforming with all other applicable review criteria. On that basis, the project 
analyst found both Tar Heel and Total Care individually conforming with statutory review Criterion 4. 



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V. REVIEW CRITERION 5 

23. N.C.G.S. § 131E-183(a)(5), Review Criterion 5, states that the 

"[f]inancial and operational projections for the project shall demonstrate the availability 
of funds for capital and operating needs as well as the immediate and long-term financial 
feasibility of the projxisal, based upon reasonable projections of the cost of and charges 
for providing health services by the person proposing the service." 

TAR HEEL'S APPLICATION 

24. In applying statutory review Criterion 5, the project analyst did not err in determining that Tar Heel's 
application conformed with this criterion. Tar Heel demonstrated the availability of funds for capital and operating needs, 
as well as the immediate and long-term financial feasibility of the proposal based upon reasonable projections of costs and 
charges. 

25. In determining that the financial and operational projections for Tar Heel's project demonstrate the 
availability of funds for capital and operating needs, the project analyst appropriately relied upon financial statements from 
Home Technology Health Care, Inc., the majority shareholder of the parent corporation of Tar Heel, and a letter from the 
Executive Vice President of Finance of Home Technology Health Care. While Total Care claims that this documentation 
is insufficient to demonstrate the availability of funds for Tar Heel's $35,000 project because the letter from Home 
Technology makes reference to the Onslow County project, this reference in the letter is not significant. A CON application 
for Onslow County was being filed by another Tar Heel company at the same time as the CON application for Orange 
County. Tar Heel's application indicates that Home Technology Health Care is the entity responsible for funding Tar Heel's 
Orange County project. The letter from Home Technology is directed to the contact person for Tar Heel's Orange County 
project, references Home Technology's willingness to make available to Tar Heel any cash it needs, and attaches Home 
Technology's audited financial statements, which show more than adequate funds available for Tar Heel's project. Tar Heel 
has demonstrated the availability of funds for its project and a commitment by Home Technology to provide those funds. 

26. The project analyst also appropriately determined that Tar Heel had adequately demonstrated the immediate 
and long-term financial feasibility of its proposal based upon reasonable projections of costs and charges. The project analyst 
found Tar Heel's projected cost per visit reasonable when compared to Medicare reimbursement caps inflated at 4.75% and 
the 1993 average cost of existing providers in Region J, which includes Orange County, inflated four years at 3% per year. 
The project analyst also determined that Tar Heel's projected year two charges were reasonable in comparison to the 1994 
maximum contracted charges allowed by Blue Cross Blue Shield of North Carolina inflated 3% per year for three years. 
He correctly determined that Tar Heel had sufficiently demonstrated the financial feasibility of its proposal by projecting a 
net profit in each of the first two years of operation. 

27. Total Care presented opinion testimony that Tar Heel had not demonstrated the availability of funds for 
capital and operating needs. Greg Lentz testified that Tar Heel should have provided financial statements from the applicant. 
Tar Heel Home Health, Inc. However, Tar Heel Home Health, Inc., as a new provider and a new corporation, does not 
have an operating history and therefore has no financial statements. Additionally, Criterion 5 does not require the submission 
of financial statements by the applicant. It only requires financial information from the entity responsible for funding the 
project. 

28. The CON application form specifically allows an applicant to provide financial statements from the parent 
company or any other financial reports which may document the financial security of the applicant. As the majority 
shareholder of Tar Heel Holdings, Inc., the parent corporation of Tar Heel, Home Technology Health Care's audited 
financial statements were reliable information which Mr. Cogley reasonably relied upon in concluding that Tar Heel had 
demonstrated the availability of funding for its project. 

29. Total Care also presented Mr. Lentz's testimony that Tar Heel had not appropriately accounted for certain 
"sunk costs". Sunk costs would relate to expenses incurred by an agency between the date of licensure and the date of 
certification. The application form does not specifically ask for an identification of "sunk costs". Tar Heel appropriately 
included its sunk costs in its startup expenses. Furthermore, certification is not a lengthy process in North Carolina and little 
expense is usually incurred between the date of licensure and certification of a home health agency. 



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CONTESTED CASE DECISIONS 



30. Mr. Lentz also testified that Tar Heel may have overstated its Medicare revenue by inappropriately 
assuming that certain expense items would be reimbursable by the Medicare program. Tar Heel's pro formas did not include 
any non-reimbursable costs. Expenses labeled "Promotions and Public Relations" is composed of community education and 
board and staff meeting expense which is reimbursable under the Medicare program. Also, the expense item labeled "Bad 
Debt Expense Contingency" is an expense contingency to add some additional costs in case any item had been understated. 

TOTAL CARE'S APPLICATION 

31. The project analyst erred in his determination that Total Care's application conformed with statutory review 
Criterion 5. Total Care does not conform with Criterion 5 because there are legitimate financial questions concerning the 
reliability of Total Care's financial projections. 

32. Total Care's financial projections are questionable for at least three reasons: (1) Total Care's application 
understated its expenses attributable to related panies, specifically central office overhead; (2) Total Care's application 
understated its administrative taxes and benefits; and (3) Total Care's application understated its salary expenses. 

Central Office Overhead 

33. Since Total Care proposed that its new office would be a branch office of its existing certified home health 
agency, it was required to complete Form C providing historical financial information for its existing agency. Total Care 
completed the expense item entries in Form C and represented that Form C was its revenues and expenses for the year 1994. 

34. In its application. Total Care represented that its existing operations were used as the basis for its 
projections. Ann Reynolds, the person who prepared Total Care's financial projections, testified in her deposition that 
historical experience was the basis for the financial projections. 

35. Total Care's 1994 Medicare cost report shows Total Care's financial performance in 1994 and itemizes 
expenses claimed by Total Care as reimbursement from the Medicare program. A Medicare cost report requires a 
certification by an officer of the corporation that the information in the cost report is complete and accurate. 

36. Form C of Total Care's Certificate of Need application should have reported the same expenses as Total 
Care's 1994 cost report. Instead, the expenses on Form C are understated by approximately $383,000 when compared with 
Total Care's 1994 cost report. The understatement on Form C is related to central office overhead. 

37. Related parry expenses can include expenses labeled "central office overhead" and "management fees". 
Medicare will not reimburse a "management fee" between related parties, but will only reimburse actual expenses incurred 
called "related party expenses." 

38. On Total Care's 1994 cost report, it reported that for 1994 its related party expenses totaled $3,965,625. 
In comparison, in Form C of the Certificate of Need application. Total Care represented that its related party expenses for 
1994 (including management fees and central office overhead combined) totaled only $3,581,948 - a difference of over 
$383,000. 

39. Not only has Form C reported a lower related party expense than the amount Total Care claimed as 
reimbursement from the Medicare program, the amount of related party expense per visit projected by Total Care in Form 
B (the financial projections) is less than Total Care's related party expense per visit reported on Form C. Form C uses $8.20 
per visit for central office overhead and Form B projects only $7.59 per visit for central office overhead. 

40. Based on Total Care's 1994 cost report. Total Care was paying $9.72 per visit for central office overhead. 
Because Form B was based upon Total Care's historical experience. Form B should have used $9.72 per visit to project 
central office overhead. If this amount per visit had been used for year 2, Total Care's expenses would have been increased 
by $38,587. 



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41 . Total Care also failed to include in its pro formas $15,000 of charity care it stated it would commit which 
should have been included. If Total Care had correctly shown $15,000 of charity care in its fmancial projections as it should 
have, and if Total Care had correcdy included central office overhead based on the 1994 Medicare cost report. Total Care 
would show a loss in both years 1 and 2 and would not have been financially feasible. The loss in year 2 would have been 
$35,000. 

42. Although Total Care claimed that its projection of a lower related party expense in its application was due 
to a projected decline in related party expense. Total Care's 1995 cost report shows that Total Care's related party expenses 
did not decline in 1995. There is a difference of only $.02 in the cost per visit for central office overhead from 1994 to 
1995. 

43. Total Care also reported a higher cost per visit by service discipline in its 1994 cost report than what it 
represented in its Certificate of Need application in Form C. The cost per visit reported on the 1994 cost report should be 
the same as Total Care represented as its current cost per visit in its Certificate of Need application. 

44. Total Care attempted to explain these significant differences in the costs reported in its 1994 Medicare cost 
report as compared to its CON application by claiming that Total Care was not required to follow Medicare principles of 
cost reimbursement in its CON application. This is not an adequate explanation for several reasons. First, Total Care is 
applying for permission to develop a Medicare certified home health agency office and will be seeking reimbursement from 
the Medicare program for all related party expenses, just as it did in its 1994 and 1995 cost reports. Second, Form C asks 
for all costs for the last full operating year which should include all Medicare reimbursable expenses. Finally, Total Care 
stated in its application that its costs were calculated "using the Medicare cost reporting methodology." 

Administrative Taxes and Benefits 

45. Total Care also understated taxes and benefits for administrative personnel in its financial projection, Form 
B. In Form B, Total Care projected taxes and benefits for direct care staff at 25% whereas it projected taxes and benefits 
for administrative staff of only 1%. Generally, a home health agency pays the same percentage of taxes and benefits for 
all full-time employees. 

46. Total Care's historical financial information. Form C of the application, shows that Total Care has been 
paying 25% as taxes and benefits for administrative staff. The effect of Total Care understating its related party expenses 
(central office overhead) and understating taxes and benefits for administrative personnel is to show a lower cost per visit. 
The understatement of expenses also allowed Total Care to show a profit in year 2 and therefore be financially feasible. 
If these expenses had been included. Total Care would have shown a loss in both years 1 and 2 and would not have been 
found financially feasible. 

Staffing 

47. The CON application form asks the applicant to identify the specific personnel that will be employed to 
provide the services. In response to this question, Total Care represented on page 10 of its application that its Orange 
County office would be staffed with a certain number of full-time equivalence (FTEs) based upon the number of visits 
performed each month. However, in its staffmg table in Section VIII of the application and in its financial pro formas. Total 
Care did not include the level of staffing that it represented it would employ in its Orange County office. 

48. Based on the salaries Total Care projected paying for each discipline and the numbers of full-time 
equivalents that it represented it would have for its Orange County office on page 10 of its application. Total Care 
understated its salaries in year 2 by approximately 5130,000, not including the benefits and taxes associated with those 
salaries. 

49. In his review of Total Care's application, Mr. Cogley failed to analyze the inconsistencies between staffing 
Total Care represented it would employ on page 10 of its application and the staffing that was actually included in Total 
Care's fmancial projections. Mr. Cogley also failed to analyze the discrepancies between the central office overhead reported 
by Total Care in Form C of its application (S8.20 per visit) and the amount projected by Total Care in its financial 
projections. Form B ($7.59) which he should have done. 



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VI. REVIEW CRITERION 6 

50. N.C.G.S. § 131E-183(a)(6), Review Criterion 6, states that 

"[t]he applicant shall demonstrate that the proposed project will not result in unnecessary 
duplication of existing or approved health service capabilities or facilities." 

51. In applying Criterion 6, the project analyst appropriately concluded that both Tar Heel and Total Care 
conformed with this criterion based on the fact that the 1995 SMFP established a need for one additional home health agency 
in Orange County in 1996. Each of the applicants was proposing only one new agency or office in Orange County. 

VII. REVIEW CRITERION 7 

52. N.C.G.S. § 131E-183(a)(7), Review Criterion 7, states that 

"[t]he applicant shall show evidence of the availability of resources, including health 
manpower and management personnel, for the provision of the services proposed to be 
provided." 

TAR HEEL'S APPLICATION 

53. The project analyst did not err in determining that Tar Heel's application conformed with Review Criterion 
7. Tar Heel demonstrated the availability of resources, including health manpower and management personnel, for the 
provision of the services it proposed for its Orange County agency. 

54. Total Care claimed that Tar Heel had not provided enough MSW support for the scope of services proposed 
in Tar Heel's application. Tar Heel has proposed sufficient MSW staff for the numbers of visits projected. Mr. Cogley 
determined that Tar Heel had projected a reasonable number of MSW visits. Total Care's witness on staffing agreed that 
Tar Heel had indicated sufficient MSW staff to cover the visits projected. 

55. If Tar Heel were to experience more MSW visits than projected in its application, there would be no 
negative impact on its financial projections since the cost of MSW visits would likely be reduced. 

56. Tar Heel proposes using its corporate Director of Social Work Services to provide support for the social 
work services needed in the Orange County office and to provide visits, if necessary. If needed, this would amount to only 
one patient visit a week. There is enough expense in Tar Heel's pro formas to account for the use of the central office MSW 
support proposed by Tar Heel. Medicaid generally does not even cover MSW visits. 

57. Total Care also raised an issue about Tar Heel's aide salaries. Tar Heel has proposed a very reasonable, 
competitive salary for aides, consistent with its operating experience. 

TOTAL CARE'S APPLICATION 

58. On page 10 of its application. Total Care represented that it would employ a certain number of full-time 
equivalents (FTEs) for each position based upon the number of monthly visits performed. 

59. Total Care's staffing chart in Section VII of its application does not include the numbers of FTEs in the 
positions of patient care coordinator, secretary, medical records technician, nursing, and home health aides as Total Care 
represented on page 10 of its application it would have for its proposed Orange County office. The staffing in Section VII 
of Total Care's application is also inconsistent with Total Care's branch office organizational chart. 

VIU. REVIEW CRITERION 8 

60. N.C.G.S. § 131E-183(a)(8), Review Criterion 8, states that 

"[t]he applicant shall demonstrate that the provider of the proposed services will make 
available, or otherwise make arrangements for, the provision of the necessary ancillary 



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and support services. The applicant shall also demonstrate that the proposed service will 
be coordinated with the existing health care system." 

61. The project analyst appropriately concluded that both Tar Heel and Total Care conformed to Criterion 8. 
Each of the applicants proposed that it would make available, or otherwise make arrangements for, the provision of necessary 
ancillary and support services. Additionally, both Tar Heel and Total Care demonstrated that the proposed service would 
be coordinated with the existing health care system. 

62. Although both Tar Heel and Total Care were individually conforming with Criterion 8, as discussed below 
in the findings on comparative analysis. Tar Heel's application is superior to Total Care's in connection with the provision 
of necessary ancillary and support services. Tar Heel's application is also superior to Total Care's application in 
demonstrating coordination with the existing health care system. 

IX. REVIEW CRITERION 13(c) 

63. Under N.C.G.S. § 131E-183(13)(c), an applicant is required to demonstrate the contribution of the proposed 
service in meeting the health related needs of the elderly and members of medically underserved groups, such as medically 
indigent or low income persons, Medicaid and Medicare recipients, racial and ethnic minorities, women, and handicapped 
persons. An applicant is required to demonstrate that the elderly and medically underserved groups will be served by the 
applicant's proposed services and the extent to which each of these groups is expected to utilize the proposed services. 

64. The project analyst determined that both Tar Heel and Total Care conformed with statutory review Criterion 
13(c). His finding that Tar Heel's application conformed with statutory Criterion 13(c) was reasonable and appropriate. 

65. Total Care projected service to Medicaid of 5.13% of its projected visits. In comparison. Tar Heel 
projected that 11.7% of its projected visits would be for Medicaid patients. 

66. There are two existing home health agencies located in Orange County, Home Health Agency of Chapel 
Hill and Staff Builders (now MedVisits). Information in the Agency file shows that Home Health Agency of Chapel Hill 
provided 12% of its visits to Medicaid as reported in its 1996 licensure application data supplement and Staff Builders 
provided 13% of its visits to Medicaid as rep>orted in its 1996 licensure application data supplement. Total Care's proposed 
service of only 5.13% of its proposed visits to Medicaid raises a question whether Total Care would be adequately serving 
the Medicaid population of Orange County. 

67. The project analyst failed to properly consider Total Care's low projection of service to Medicaid, 
particularly in comparing the Tar Heel and Total Care applications. 

68. In his review of Criterion 13(c), the project analyst properly refused to consider Total Care's statement 
that the owners would commit an additional $15,000 per year for charity care in Orange County because the $15,000 was 
not reflected on Total Care's financial projections. Form B. Charity care should be shown in an applicant's financial pro 
formas. 

X. REVIEW CRITERION 14 

69. N.C.G.S. § 131E-183(a)(14), Review Criterion 14, requires that "'[tlhe applicant shall demonstrate that the 
proposed health sei\'ices accommodate the clinical needs of health professional training programs in the area, as applicable." 

70. The project analyst determined that both the Total Care and Tar Heel applications conformed with this 
statutory criterion. There was no testimony or other evidence presented by any of the parties challenging this determination. 

XI. REVIEW CRITERION 18(a) 

71. N.C.G.S. § 131E-183(a)(18a), Review Criterion 18(a), requires that 

"|t|he applicant shall demonstrate the expected effects of the proposed services on 
competition in the proposed service area, including how any enhanced competition will 
have a positive impact upon the cost effectiveness, quality, and access to the services 
proposed; ..." 

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72. The project analyst determined that both Tar Heel and Total Care's applications conformed with this 
statutory criterion. 

XII. REVIEW CRITERION 20 

73. N.C.G.S. § 131E-183(a)(20), Review Criterion 20, requires that 

"[a]n applicant already involved in the provision of health services shall provide evidence 
that quality care has been provided in the past." 

74. The project analyst determined that this criterion was not applicable to Total Care or Tar Heel because 
neither applicant currently provided health care services in Orange County. Criterion 20 is not expressly limited to applicants 
already providing services in the county in which the applicant is applying. However, there was no evidence presented that 
Total Care, an existing provider of home health agency services, was not providing quality care. This statutory criterion 
was not an issue with either Total Care or Tar Heel. 

XIII. SPECIAL CRITERIA 

75. lON.C.A.C. 3 R. 2000 et seg sets forth special criteria and standards for home health services and was 
applied by the Agency in this review. The project analyst found that both Tar Heel and Total Care conformed with all of 
the special criteria and standards. 

76. The project analyst did not err in his determination that Tar Heel conformed with the special criteria and 
standards for home health services. 

77. The project analyst also did not err in his determination that Total Care conformed with the special criteria 
and standards for home health services when reviewed on an individual basis. 

XIV. COMPARATIVE REVIEW 

POLICY C.3 

78. Policy C.3 is a rule that has been adopted as part of the SMFP by the State Health Coordinating Council 
and approved by the Governor. 10 N.C.A.C. 3R. 3050(b)(3). 

79. Policy C.3 should be applied comparatively between competing home health agency applications, 
particularly where, after applying other required review criteria, superiority among two or more competing home health 
agency or office Certificate of Need applications is uncertain. 10 N.C.A.C. 3R. 3050(b)(3). 

80. The project analyst determined that both Tar Heel and Total Care conformed with all statutory and 
regulatory criteria. Therefore, he should have applied Policy C.3 to these applicants. 

81. The project analyst's written fmdings do not reflect that he comparatively reviewed the applications of Tar 
Heel and Total Care, as required by Policy C.3, to determine which of the applications proposed a more expanded scope 
of services and a wider range of treatments within the proposed service disciplines. 

82. In Mr. Cogley's review of 28 different home health agency applications in three different reviews, he has 
never determined that one application proposed a wider range of treatments or a broader scope of services than any other 
applicant. His general approach has been to determine if an applicant proposes the six core services and to conclude that 
each applicant proposes a wide range of treatments. 

83. Mr. Cogley was unfamiliar with some of the treatments that were described in the Tar Heel application 
and despite his imfamiliarity, failed to seek assistance in analyzing the treatments proposed. He was not sure whether certain 
treatments proposed by Tar Heel would be offered by Total Care, and testified that he assumed that would be the case even 
though the treatments were not mentioned in the Total Care application. 



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84. Mr. Cogley had nurses employed by the Division of Facility Services available to him as a resource. These 
nurses could have assisted him in understanding the description of services and treatments contained in the Tar Heel and 
Total Care applications. 

85. Because patients are being discharged from hospitals with acute diagnoses because of managed care and 
the method of reimbursing hospitals under Medicare, it is necessary for home health agencies to offer new kinds of 
programs, services, and advanced types of treatments in the home. 

86. A CON applicant seeking to develop a home health agency or office is required in its application to 
"[djescribe all services that will be provided as part of this project" and to "[djiscuss 

each of the proposed services to be provided in detail, including the various kinds of 
treatments that will be available in each service disciplme." 

A project analyst must base his or her decision on the information in the CON application. 

87. The 1994 Orange County Health Department needs assessment, which was an exhibit to the Tar Heel 
application, reports cardiovascular disease as the leading cause of death in Orange County. The Orange County Health 
Department needs assessment also reports as a serious problem an increasing number of communicable diseases including 
AIDS. For example, the rate of AIDS cases among the non-white population increased by over 300% between 1988 and 
1993. This Health Department needs assessment also reports significant health problems for poor pregnancy outcomes and 
high numbers of unwanted and unplanned pregnancies. Tar Heel focused on these Orange County health problems by 
proposing special services and treatments for cardiac patients, AIDS patients, and for women and children. 

88. Tar Heel proposes a more expansive scope of services and a wider range of treatments than Total Care. 
Tar Heel's application addresses the needs of the population it planned to serve, as outlined in the Orange County Health 
Department needs assessment, and described in detail the specialized services and treatments that it would provide. In 
particular. Tar Heel's application focuses on specialized services and treatments in the area of cardiac, HIV/AIDS, and 
women's and children's services which were cited as serious health problems for Orange County. Total Care's expert 
witness, Kim Chambers, agreed that not all home health agencies offer these types of specialized services. In comparison. 
Total Care's application describes general nursing services and does not indicate that it will provide specialized services and 
treatments in the areas of cardiac, HIV/AIDS, and women's and children's services. 

89. Tar Heel also proposes providing a variety of ancillary and support services, such as infusion pharmacy, 
respiratory therapy, nutritional counseling and durable medical equipment. Tar Heel's application describes in detail how 
these services will be provided. In contrast, Total Care's application does not specifically describe these services. 

90. Tar Heel proposes that it will participate in the AIDS case management program through its proposed 
Orange County office. In comparison. Total Care does not propose to be a participant in the AIDS case management 
program. 

91. The need for special services to AIDS patients has increased dramatically over the last several years. Tar 
Heel began its AIDS case management program in Beaufort County in 1992 with only a handful of patients and is now 
serving 45 patients under that program. There are a total of around 200 AIDS patients being served in Pitt County. 

92. Tar Heel's application proposes that it will provide treatments that are not included in Total Care's 
application. For example. Total Care's application does not propose offering apnea monitoring and bili-blankets, treatments 
that will be offered for infants and children by Tar Heel. Some of the other treatments proposed in Tar Heel's application 
and not proposed in Total Care's application include amphotericin and pentamidine isethionate used for treatment of AIDS 
patients, dobutamine therapy for cardiac patients, epidural for cancer patients, blood and blood products administration for 
cancer patients, oxygen therapy for infants and children, ventilator care, and suctioning for infants and children. 

93. Tar Heel proposes that its nurses will be trained to deliver category II advanced nursing procedures, 
whereas Total Care does not indicate that it will provide this training for its nurses. 

94. Tar Heel's application also proposes having certain corporate resources available to provide specialized 
services, including a Program Director of Women's and Children's Services and an AIDS Case Manager. In comparison. 
Total Care does not propose having special corporate positions available as a resource that would be dedicated to these 
specific services. 

1770 NORTH CAROLINA REGISTER February 14, 1997 11:22 



CONTESTED CASE DECISIONS 



95. Tar Heel proposes a lower productivity standard for its nurses and aides. Tar Heel expects its nurses to 
perform 5 visits per day, while Total Care expects 6.3 visits per day. Tar Heel expects its aides to perform 5 visits per day, 
while Total Care expects 6 visits per day. Tar Heel's lower productivity standard for nurses and aides allows Tar Heel to 
perform more complex services and treatments since there is more time allocated for each patient visit. In addition, because 
Total Care expects its nurses and aides to perform a greater number of visits than Tar Heel, it may have to pay higher 
salaries for these positions. 

COST COMPARISON 

96. Costs are an important consideration in connection with a Medicare certified home health agency since 
Medicare reimburses a home health agency based on the lower of costs or charges, not to exceed an established "cap" on 
reimbursement. 

97. Both the Tar Heel and Total Care applications projected costs including medical supplies so a comparison 
of costs per visit by discipline, including medical supplies, could be performed. In comparing the Tar Heel and Total Care 
applications on the cost per discipline including medical supplies. Tar Heel had a lower cost in each of the six disciplines 
for each of the two years projected in the applications. Projections contained in each of the applications showed that Tar 
Heel's cost per visit was lower than Total Care's in year 2 in each discipline by the following amounts: Nursing, $6.20; 
physical therapy, $5.24; speech therapy, $10.27; occupational therapy, $1.38; MSW, $21.27; home health aide, $9.36. 

98. Based on the cost per visit projections in the Tar Heel and Total Care applications and using the numbers 
of visits projected by Tar Heel for years 1 and 2, the savings to the health care system if Tar Heel's project were approved 
instead of Total Care's would be $46,340 in year 1 and $58,468 in year 2. This is a reasonable way to quantify the cost 
to the health care system of approving Tar Heel over Total Care. 

99. The CON application form also requests that applicants project cost per visit by discipline for years 1 and 
2 without medical supplies. Based on the projections contained in the Tar Heel and Total Care applications. Tar Heel 
showed a lower cost per visit by discipline in each of the six disciplines except occupational therapy. Occupational therapy 
is a low volume discipline and represented only 1.5% of Tar Heel's projected visits. 

100. Because of the legitimate questions raised concerning Total Care's financial projections as set forth in the 
fmdings under Criterion 5 above. Total Care's actual costs per visit may be even higher than it projected in its application. 

101. In comparing Tar Heel and Total Care on projected costs, Tar Heel is a more cost effective alternative. 

SERVICE TO MEDICAID COMPARISON 

102. Persons eligible for Medicaid are recognized as being medically underserved in North Carolina. N.C.G.S. 
§ 131E-183(a)(13){c). Medicaid patients can only receive home health agency services from a Medicare certified home 
health agency. 

103. In projecting its Medicaid service. Total Care simply duplicated the same percentage it was doing in its 
existing offices rather than analyzing the Medicaid demand in the area. Total Care should have considered the Medicaid 
demand in the area as shown by the Medicaid service being provided by the existing home health agencies in Orange County. 

104. Based upon the existing home health agencies located in Orange County, service to the Medicaid population 
has been 12 to 13% of actual home health agency visits. 

105. Although Total Care projected Medicaid at less than half the level of existing Orange County providers. 
Total Care mentioned in its application the increased need for home health services to Medicaid. This need was not 
addressed by Total Care. 

106. Tar Heel projects 11.7% of its visits to Medicaid in comparison with Total Care's projection of 5.13%. 
Tar Heel proposes serving approximately the same percentage Medicaid as existing agencies in Orange County while Total 
Care's percentage service to Medicaid is less than half of the average of existing agencies. 



11:22 NORTH CAROLINA REGISTER February 14, 1997 1771 



CONTESTED CASE DECISIONS 



107. Tar Heel's application is superior in connection with proposed service to Medicaid and this disparity in 
service to Medicaid should have been a factor in comparing Tar Heel with Total Care. 

COORDINATION AND SUPPORT COMPARISON 

108. The CON application form requests the applicant to provide specific evidence of support for its proposed 
project and to demonstrate coordination with the existing health care system. 

109. Coordination with the existing health care providers is important to the viability of a home health agency. 
Home health agencies receive referrals from physicians. It is important for agencies to interact with physicians, local 
hospitals and other health care providers to assure coordination of treatment of patients. 

110. Tar Heel's letters of support are superior to Total Care's in showing that the physicians have a working 
knowledge of the organization proposing the sen. ices. Tar Heel's letters of support also showed that it had considered the 
services needed in Orange County and collaborated with health care providers to meet those needs. Tar Heel specifically 
showed that it was coordinating its services with the Orange County Health Depanment's needs assessment. 

111. Tar Heel's application was superior to Total Care's application in showing coordination with the existing 
health care system because the qualitv' of Tar Heel's letters of support was better than Total Care's letters of support. Tar 
Heel's application contained letters of support indicating a stronger referral base for patients than the Total Care application. 
Tar Heel's application contained letters of support from the directors, chiefs and heads of various departments from North 
Carolina Memorial Hospital at UNC. This hospital is the largest in Orange County and is a large referral base for home 
health services. 

112. Tar Heel representatives met with nurses and physicians from the AIDS Clinical Trials Unit at UNC 
Hospital and discussed Tar Heel's expertise in HIV'AIDS services and the program it proposed for Orange County. As a 
result. Tar Heel received letters of support from all three physicians and the coordinator at the AIDS Clinical Trials Unit 
at UNC Hospital. Tar Heel's application also contained a letter of support from the Piedmont HIV Consortium. This is 
the lead agency on HIV/AIDS. 

113. Coordination with HIV/ AIDS providers is important because the Orange Count\' Health Department's needs 
assessment identified the HIV/AIDS population as an area of health concern for Orange County. 

114. The State of North Carolina has also recognized HIV/AIDS as a growing health problem. As a result, 
effective January- 1, 1996, Policy C.3 was modified to place special emphasis on HIV/AIDS treatment in home health. Home 
health is an appropriate treatment setting for patients. 

115. Unlike Tar Heel's application. Total Care's application contained no letters of suppon from the directors, 
chiefs or department heads of any medical unit at the UNC Hospital. 

1 16. Unlike Tar Heel's application. Total Care provided no letters from the UNC AIDS Clinical Trials Unit or 
the Piedmont HIV Consortium. 

117. Tar Heel's application contained a copy of the most recent Orange County Health Department's needs 
assessment outlining the health concerns in Orange County. Total Care's application did not contain a copy of this needs 
assessment. 

118. Tar Heel's application is superior to Total Care's in connection with showing coordination with the existing 
health care system and this disparity' in coordination should have been a factor favoring Tar Heel's application over Total 
Care. The project analyst erred in not making this determination. 

XV. PROJECT ANALYST'S COMPARATIVE ANALYSIS 

119. While Mr. Cogley testified at the hearing that he could not make a determination of which applicant 
proposed a broader scope of services or wider range of treatments under Policy C.3, he should have stated this in his 
comparative analysis and set forth his reasons. He failed to do so. He also did not properly compare the applications on 
service to Medicaid, costs, and coordination and support as outlined above. 



1772 NORTH CAROLINA REGISTER February 14, 1997 11:22 



CONTESTED CASE DECISIONS 



120. Mr. Cogley testified that there were four major factors he considered in the comparative analysis -- location, 
costs, charges, and markup of charges over costs. The reasons he chose Total Care over Tar Heel were: (1) location; (2) 
Tar Heel's projected OT costs; (3) Tar Heel's projected charges; and (4) Tar Heel's "markup" of charge per visit over cost 
per visit for home health aide services. If Mr. Cogley had chosen to approve Tar Heel, instead of Total Care, he agreed 
that he could have cited positive factors favoring Tar Heel in his comparative analysis. 

LOCATION 

121. The 1995 SMFP regulates the geographic distribution of health care services by setting forth need for these 
services on a single coimty basis. The 1995 SMFP has a need projection for one home health agency to be located in Orange 
County. The 1995 SMFP does not require that the agency be geographically located in a specific part of Orange County. 
The need is for the whole county. There was no evidence presented that the projected need was for a specific area. 

122. In its CON application. Tar Heel proposed locating its home health agency office at the intersection of 
15/501 Bypass and Smith Level Road, in Carrboro. Total Care proposed locating its home health agency office at Boone 
Square, Exit 164, 1-85, in Hillsborough. Currently, there are no home health agencies located in either Carrboro or 
Hillsborough. 

123. While location can be a factor for consideration in a home health review, it should not have been a 
determining factor in this review. 

124. Tar Heel and Total Care could effectively serve all patients throughout Orange County from their proposed 
locations. An agency can effectively serve patients 35 to 40 miles away from the agency location. 

125. The geographic location of the agency is also not a concern for staffing purposes in this review. First, both 
Total Care and Tar Heel would hire staff from all parts of Orange County. Second, the project analyst found that Tar Heel 
staff would be traveling an average of 10.35 miles per visit and Total Care staff would average 12.0 miles per visit. Finally, 
Orange County is relatively compact, keeping staff travel to a minimum. 

126. The CON Section has recently lifted the service area restrictions for the provision of home health services. 
This enables existing agencies in other counties to serve patients in Orange County. 

127. Referrals from physicians and other health care providers are more important to the success of a home 
health agency than its geographic location. Also, in home health, the patient's home address is more important than the 
address of the home health agency office because the service is provided at the patient's home. This is evidenced by the 
fact that there are currently only two home health agencies located in Orange County. Both of these agencies are 
geographically located in Chapel Hill. However, one of these agencies. Staff Builders, served only 87 patients in 1994. 
Thus, at that time, only one home health agency in Orange County was serving more than 150 patients, which is the minimal 
requirement for determining need for a new agency in a county. 

I 128. Carrboro is a reasonable and effective location for a home health agency office in Orange County. The 

factors contained in the Agency findings regarding location of a home health agency office point to the reasonableness of 
locating a home health agency office close to the patient population. 

129. Orange County is a compact county and a majority of the population of Orange County is located in close 
proximity to Carrboro. Ninety-three percent (93%) of the total population of Orange County is within a 15-mile radius of 
Carrboro. Mr. Cogley found that over sixty-five percent (65%) of the Orange County population age 65 and over reside 
in the southern townships of Orange County. Carrboro has the fastest growing population in Orange County. 

130. It is advantageous for a home health agency office to be located in close proximity to the patient referral 
base and to the greatest patient population. A large majority of the referring physicians are located in close proximity to 
Carrboro, and the only referring hospital in Orange County, UNC Hospital, is located in close proximity to Carrboro. 

131. There is no specific statutory criterion or regulatory criterion and there is nothing in the State Medical 
Facilities Plan stating that the geographic location of a home health agency office is a factor in a home health review. The 
CON regulation regarding site does not require an applicant to explain the reason for its location within the county. There 
is no specific question in the CON application asking an applicant to address why a specific location was chosen. Mr. 



11:22 NORTH CAROLINA REGISTER February 14, 1997 1773 



CONTESTED CASE DECISIONS 



Cogley testified that he decided on his own that location would be an issue in this review. 

132. Tar Heel was not given any notice prior to filing its CON application, or during the review of the 
applications, that the geographic location of its home health agency office would be a factor in this review. At the pre- 
application conference with the project analyst. Tar Heel representatives were not told that location would be a factor in the 
review. Tar Heel representatives were not told to look at any previous findings that might indicate location as a factor in 
a home health agency review. 

OT COSTS 

133. In the project analyst's comparison of costs, he focused only on Tar Heel's projected OT costs per visit. 
Tar Heel's projected OT cost is comparable to other home health agencies in the region. He recognized that Total Care's 
charges for PT, OT, and ST were the highest, but justified his approval of Total Care on the grounds that these disciplines 
represent a relatively low volume of visits. 

134. OT is also a low volume service for Tar Heel - 1.5% of total visits. The project analyst, nevertheless, used 
Tar Heel's OT cost per visit as a reason to approve Total Care over Tar Heel while justifying Total Care's OT charges on 
the basis of low volume. This treatment is inconsistent. 

135. If the project analyst had wanted to deny Total Care's application, he could have said in his comparative 
analysis that Total Care proposed the second highest costs of any applicant in the review in nursing and PT. 

136. A comparison of all costs between Tar Heel and Total Care would have resulted in the conclusion that Tar 
Heel's projected costs in all disciplines were lower than those of Total Care, if medical supplies are included. Tar Heel's 
proposed costs are lower in 5 out of 6 disciplines (without medical supplies). In comparison with other home health agencies 
in the region. Tar Heel's projected costs were lower than the average in five out of six disciplines. 

137. Since home health agencies are reimbursed under the Medicare program on the basis of aggregate costs, 
a higher cost for one discipline will be offset by a lower cost for another discipline. It is unreasonable to single out one 
discipline instead of comparing on the basis of all disciplines. Mr. Cogley erred in focusing only on OT costs in his 
comparative analysis. 

TAR HEEL'S PROJECTED CHARGES 

138. Because Medicare is a cost based reimbursement system, costs are much more meaningful than charges 
in reviewing an application for a Medicare certified agency. Charges are irrelevant for services to Medicare unless charges 
are set lower than costs. In North Carolina, Medicaid reimburses at a set rale per visit, so the charges established by home 
health agencies are not relevant. 

139. Commercial insurance typically involves managed care discounts so charges are a starting point for 
negotiating a rate. In comparing the applications on charges, the project analyst erred in not considering that Tar Heel 
projected a managed care discount off charges. In comparison. Total Care did not include any managed care discounts. 

140. A comparison of actual charges would have reduced Tar Heel's proposed charges for private 
pay/commercial insurance by the 5% discount. If Tar Heel's projected discount had been taken into account. Total Care's 
proposed charges in 5 out of 6 disciplines would have been higher than the proposed charges of Tar Heel. 

141. The project analyst recognized that Total Care had the highest charges of any of the applicants in three out 
of six disciplines, but still approved Total Care. The project analyst erred in using charges as a reason for approving Total 
Care over Tar Heel in his comparative analysis. 

MARKUP FOR AIDE SERVICES 

142. It is important in a Medicare certified home health agency to set charges above costs and above Medicare 
caps. Otherwise, the agency may be reimbursed less than its costs. Therefore, looking at the margin or markup is not very 
meaningful for a Medicare certified home health agency. 

143. While Tar Heel projected a markup on charge per visit over cost per visit of 58% on aide visits (not taking 
1774 NORTH CAROLINA REGISTER February 14, 1997 11:22 



CONTESTED CASE DECISIONS 



into account Tar Heel's managed care discounts), this is not unreasonable. In addition, this "markup" relates only to a small 
percentage of patients, since for most patients of Tar Heel's proposed home health agency, charges will be irrelevant. Mr. 
Cogley testified that the profit projected by Tar Heel for its proposed home health agency is not unreasonable. 

144. The Agency approved three applicants for Certificates of Need for home health agencies in Wake County 
based on the fact that none of these three applicants proposed a markup of charges over costs that exceeded 100%. 

145. Mr. Cogley erred in using the markup on aide visits as a reason for approving Total Care over Tar Heel. 
XVI. THE CERTIFICATION PAGE ISSUE RAISED BY TOTAL CARE 

146. Total Care raised an issue regarding whether Tar Heel Home Health, Inc. was the legal applicant in this 
review. Based on the information contained in the application and the agency file, and the evidence presented at the hearing. 
Tar Heel Home Health, Inc. is the legal applicant in this review. 

147. Tar Heel Home Health, Inc. filed its CON application and properly identified itself as the legal applicant 
in Section 1 (the identification section) of the application form. A copy of the Articles of Incorporation for Tar Heel Home 
Health, Inc. is contained in the filed application. A revised letter of intent and letter submitting the filing fee were submitted 
to the CON Section on the same day the application was filed - October 16, 1995 -- identifying Tar Heel Home Health, Inc. 
as the applicant. The CON Section found the application filed by Tar Heel Home Health, Inc. complete for review. The 
CON Section also found that Tar Heel Home Health, Inc. had submitted a correct certification page. 

148. The project analyst testified that during this review there was no doubt in his mind that Tar Heel Home 
Health, Inc. was the legal applicant. 

149. The fmdings issued by the Agency identify Tar Heel Home Health, Inc. as the applicant. The CON Section 
sent the applicant — Tar Heel Home Health, Inc. -- a copy of the decision and findings. 

150. The identification of the applicant as Tar Heel Health Care, Inc. on the certification page was a harmless 
error. The application was signed by Elaine Scott, a Director of Tar Heel Home Health, Inc., as identified in the Articles 
of Incorporation. At that time, Ms. Scott was also a Chief Operatmg Officer for Tar Heel Holdings, Inc. which is the parent 
company of Tar Heel Home Health, Inc. Consequently, Ms. Scott had signatory authority for Tar Heel Home Health, Inc. 

Based upon the foregoing findings of fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1 . In making its initial decision to approve the application of Total Care and to deny the application of Tar 
Heel after fmding both applications conforming to all other required criteria, the Agency failed to properly apply Policy C.3, 
promulgated as a rule in 10 N.C.A.C. 3R. 3050(b)(3), and failed to properly compare the applications on services and 
treatments under Policy C.3. The Agency erred in failing to conclude that Tar Heel is the superior applicant under the 
factors that must be considered in Policy C.3. The Agency acted erroneously, failed to use proper procedure, and failed 
to act as required by this rule. 

2. The Agency also acted erroneously in making Total Care's proposed location such a determining factor in 
the review, and in not properly comparing the Tar Heel and Total Care applications on costs, service to Medicaid, and 
coordination and support. There was no evidence to support a determination that the projected need was for a specific area 
of Orange County. The 1995 SMFP regulates the geographic distribution of home health services on a county-wide basis. 
Tar Heel's proposed location is at least as effective as Total Care's proposed location, if not more effective. 

3. Tar Heel's application is consistent with all applicable plans, standards and criteria and should have been 
approved as the most effective alternative. 

4. The Agency erred in failing to determine that Tar Heel's application is the most effective alternative for 
the development of a new home health agency in Orange County. 



11:22 NORTH CAROLINA REGISTER February 14, 1997 1775 



CONTESTED CASE DECISIONS 



5. The errors of the Agency were material errors and substantially prejudiced Tar Heel's rights by denying 
it a Certificate of Need. 

6. As the legal applicant. Tar Heel Home Health, Inc., is an "affected person" as defmed in N.C.G.S. § 131E- 
188(c) and properly exercised its right to file a petition for a contested case hearing. The clerical error in the corporate name 
used on the certification page attached to Tar Heel's application was immaterial and in no way disqualifies the legal applicant. 
Tar Heel Home Health, Inc., from receiving a Certificate of Need to develop its proposed home health agency in Orange 
County. 

RECOMMENDED DECISION 

It is hereby recommended that the Director of the Division of Facility Services, Department of Human Resources, 
enter a final Agency decision approving the application of Tar Heel Home Health. Inc. for a Certificate of Need to establish 
a home health agency in Orange County and denying the application of Total Care, Inc. to establish a home health agency 
office in Orange County. 

ORDER 

It is hereby ordered that the Agency serve a copy of the final decision on the Office of Administrative Hearings, 
Post Office Drawer 27447, Raleigh, Nonh Carolina 27611-7447, in accordance with N.C.G.S. § 150B-36(b). 

NOTICE 

The Agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this Recommended Decision and to present written arguments to those in the Agency who will make the final 
decision. N.C.G.S. § 150B-36(a). 

The Agency is required by N.C.G.S. § 150B-36(b) to serve a copy of the final decision on all parties and to furnish 
a copy to the parties attorney of record and to the Office of Administrative Hearings . 

The Agency that will make the final decision in this contested case is the North Carolina Department of Human 
Resources. 

This the 22nd day of January, 1997. 



Fred G. Morrison, Jr. 

Senior Administrative Law Judee 



1776 NORTH CAROLINA REGISTER February 14, 1997 11:22 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. Tlie major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. Tlie other two. 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


1 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors. Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



11:22 



NORTH CAROLINA REGISTER 



February 14, 1997 



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